Government Code — Part 100 | GOV — United States — California law | Esheria

Government Code

Part 100 of 107 · provisions 19,801–20,000

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 8658.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 17. Privileges and Immunities [8655 - 8660] ( Article 17 added by Stats. 1970, Ch. 1454. )

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    If an emergency threatens inmates in a state, county, or city penal or correctional institution, the person in charge may move them out; if possible, they must take them to a safe place and keep them there as long as needed to avoid danger, or release them if that is not possible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 17. Privileges and Immunities [8655 - 8660] ( Article 17 added by Stats. 1970, Ch. 1454. ) ## 8658. In any case in which an emergency endangering the lives of inmates of a state, county, or city penal or correctional institution has occurred or is imminent, the person in charge of the institution may remove the inmates from the institution. He shall, if possible, remove them to a safe and convenient place and there confine them as long as may be necessary to avoid the danger, or, if that is not possible, may release them. Such person shall not be held liable, civilly or criminally, for acts performed pursuant to this section. (Added by Stats. 1970, Ch. 1454.)
  2. 8659.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 17. Privileges and Immunities [8655 - 8660] ( Article 17 added by Stats. 1970, Ch. 1454. )

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    Certain medical, veterinary, and related professionals are immune from liability when they render emergency services at the request of a responsible state or local official or agency, except for willful acts or omissions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 17. Privileges and Immunities [8655 - 8660] ( Article 17 added by Stats. 1970, Ch. 1454. ) ## 8659. (a) Any physician or surgeon (whether licensed in this state or any other state), hospital, pharmacist, respiratory care practitioner, nurse, or dentist who renders services during any state of war emergency, a state of emergency, or a local emergency at the express or implied request of any responsible state or local official or agency shall have no liability for any injury sustained by any person by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained; provided, however, that the immunity herein granted shall not apply in the event of a willful act or omission. (b) Any veterinarian or registered veterinary technician who renders services during any state of war emergency, a state of emergency, or a local emergency at the express or implied request of any responsible state or local official or agency shall have no liability for any injury sustained by any animal by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained; provided, however, that the immunity herein granted shall not apply in the event of a willful act or omission. (Amended by Stats. 2010, Ch. 538, Sec. 21. (AB 1980) Effective January 1, 2011.)
  3. 866.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 8. Activities to Abate an Impending Peril [865 - 867] ( Chapter 8 added by Stats. 1979, Ch. 1119. )

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    A local public entity generally is not liable for damages caused by an impending peril from gradual earth movement, or by actions taken to abate that peril, if the statutory conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 8. Activities to Abate an Impending Peril [865 - 867] ( Chapter 8 added by Stats. 1979, Ch. 1119. ) ## 866. (a) Subject to the provisions of subdivisions (b) and (c), in the event of public necessity and to avoid impending peril to persons or property as a result of gradual earth movement, a local public entity is not liable for damages for injury to persons or property resulting from such impending peril or from any action taken to abate such peril providing the legislative body of the local public entity has, on the basis of expert opinion or other reasonable basis, done all of the following: (1) On the basis of adequate evidence such as expert opinion or otherwise, found the existence of such impending peril. (2) Determined appropriate remedial action to halt, stabilize, or abate such impending peril. (3) Undertaken to implement such remedial action. As used in this chapter, “gradual earth movements” includes, but is not limited to, perceptible changes in the earth either in a subterranean area or at the surface, or both, which if not arrested or contained will over a gradual period of time result in damage to or destruction of underground or aboveground property or harm to persons. However, “gradual earth movement” does not include movement which is caused by activity undertaken by a local public entity for purposes other than the abatement of peril caused by gradual earth movement. As used in this chapter, “local public entity” has the meaning set forth in Section 900.4. (b) If the local public entity is unable to complete the steps described in paragraphs (1) to (3), inclusive, of subdivision (a) because of the cessation of the hazard or because such actions cannot be completed before the occurrence of the hazard sought to be avoided, or because such legislative body of such entity shall reasonably determine that such remedial action will not abate such danger, the immunity provided herein shall nevertheless apply to such actions by such local public entity. (c) The immunity provided herein is in addition to any other immunity of the local public entity provided by law or statute, including this part, and any claim of liability based upon the impending peril or any action of the local public entity is subject to such immunities and any defenses that would be available to the local public entity if it were a private person. (Added by Stats. 1979, Ch. 1119.)
  4. 8660.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 17. Privileges and Immunities [8655 - 8660] ( Article 17 added by Stats. 1970, Ch. 1454. )

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    States and their officers or employees that render emergency aid in California under an interstate arrangement, agreement, or compact are protected from liability for good-faith acts or omissions and for using emergency equipment or supplies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 17. Privileges and Immunities [8655 - 8660] ( Article 17 added by Stats. 1970, Ch. 1454. ) ## 8660. No other state or its officers or employees rendering aid in this state pursuant to any interstate arrangement, agreement, or compact shall be liable on account of any act or omission in good faith on the part of such state or its officers or employees while so engaged, or on account of the maintenance or use of any equipment or supplies in connection with an emergency. (Added by Stats. 1970, Ch. 1454.)
  5. 8661.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 18. Political Activity [8661- 8661.] ( Article 18 added by Stats. 1970, Ch. 1454. )

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    Organizations established under this chapter must not take part in political activity or be used for political purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 18. Political Activity [8661- 8661.] ( Article 18 added by Stats. 1970, Ch. 1454. ) ## 8661. No organization established under the authority of this chapter shall participate in any form of political activity nor shall it be employed directly or indirectly for political purposes. (Added by Stats. 1970, Ch. 1454.)
  6. 8665.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 19. Penalties and Severability [8665 - 8666] ( Article 19 added by Stats. 1970, Ch. 1454. )

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    A person who violates this chapter or disobeys a lawful order or regulation issued under it commits a misdemeanor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 19. Penalties and Severability [8665 - 8666] ( Article 19 added by Stats. 1970, Ch. 1454. ) ## 8665. Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 131. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  7. 8666.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 19. Penalties and Severability [8665 - 8666] ( Article 19 added by Stats. 1970, Ch. 1454. )

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    If part of the chapter is held invalid, the rest still remains valid and in force.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 19. Penalties and Severability [8665 - 8666] ( Article 19 added by Stats. 1970, Ch. 1454. ) ## 8666. If any section, subdivision, subsection, sentence, clause, or phrase in this chapter, or the application thereof to any person or circumstances, is for any reason held invalid, the validity of the remainder of the chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby. The Legislature hereby declares that it would have passed this chapter and each section, subdivision, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subdivisions, subsections, sentences, clauses, or phrases, or the application thereof to any person or circumstance, be held invalid. (Added by Stats. 1970, Ch. 1454.)
  8. 8668.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 20. Effect Upon Existing Matters [8668- 8668.] ( Article 20 added by Stats. 1970, Ch. 1454. )

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    Existing disaster and civil defense documents stay in effect until they are revised, amended, or revoked under this chapter, and the chapter does not reduce local authority protected by the California Constitution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 20. Effect Upon Existing Matters [8668- 8668.] ( Article 20 added by Stats. 1970, Ch. 1454. ) ## 8668. (a) Any disaster council previously accredited, the State Civil Defense and Disaster Plan, the State Emergency Resources Management Plan, the State Fire Disaster Plan, the State Law Enforcement Mutual Aid Plan, all previously approved civil defense and disaster plans, all mutual aid agreements, and all other documents and agreements existing as of the effective date of this chapter, shall remain in full force and effect until revised, amended, or revoked in accordance with the provisions of this chapter. (b) Nothing in this chapter shall be construed to diminish or remove any authority of any city, county, or city and county granted by Section 7 of Article XI of the California Constitution. (Amended by Stats. 1975, Ch. 678.)
  9. 8669.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. )

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    This section names the article the California Firefighter Peer Support and Crisis Referral Services Act and allows it to be cited by that name.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. ) ## 8669.05. This article shall be known, and may be cited, as the California Firefighter Peer Support and Crisis Referral Services Act. (Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
  10. 8669.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. )

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    This section names the article the Law Enforcement Peer Support and Crisis Referral Services Program and allows it to be cited by that name.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. ) ## 8669.1. The article shall be known, and may be cited, as the Law Enforcement Peer Support and Crisis Referral Services Program. (Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
  11. 8669.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. )

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    State and local or regional public fire agencies may create a peer support and crisis referral program, and the program must provide an agencywide network of peer representatives for employee support.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. ) ## 8669.10. (a) The state or any local or regional public fire agency may establish a Peer Support and Crisis Referral Program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agency’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. (b) The Peer Support and Crisis Referral Program may provide employee support and referral services for matters such as, but not limited to, any of the following: (1) Substance use and substance abuse. (2) Critical incident stress. (3) Family issues. (4) Grief support. (5) Legal issues. (6) Line of duty deaths. (7) Serious injury or illness. (8) Suicide. (9) Victims of crime. (10) Workplace issues. (c) A public fire agency may augment its Peer Support and Crisis Referral Program with program policies that are consistent with this act. (Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
  12. 8669.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. )

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    This section defines key terms used in the article about firefighter peer support and crisis referral services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. ) ## 8669.15. For purposes of this article, the following terms have the following meanings: (a) “Confidential communication” means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services. (b) “Crisis referral services” include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization. (c) “Critical incident” means an event or situation that involves crisis, disaster, trauma, or emergency. (d) “Critical incident stress” means the acute or cumulative psychological stress or trauma that emergency service personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning and could lead to post-traumatic stress and other injuries, including, but not limited to, the following: (1) Physical and emotional illness. (2) Failure of usual coping mechanisms. (3) Loss of interest in the job or normal life activities. (4) Personality changes. (5) Loss of ability to function. (6) Psychological disruption of personal life, including the person’s relationship with a spouse, child, or friend. (e) “Emergency service personnel” means an employee of the state, local, or regional public fire agency who provides emergency response services, including a firefighter, paramedic, emergency medical technician, dispatcher, emergency response communication employee, rescue service personnel, emergency manager, or any other employee of a state, local, or regional public fire agency. (f) “Peer support services” means authorized peer support services provided by a peer support team member to emergency service personnel and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following: (1) Precrisis education. (2) Critical incident stress defusings. (3) Critical incident stress debriefings. (4) On-scene support services. (5) One-on-one support services. (6) Consultation. (7) Referral services. (8) Confidentiality obligations. (9) The impact of toxic stress on health and well-being. (10) Grief support. (11) Substance abuse awareness and approaches. (12) Active listening skills. (g) “Peer support program” means a program administered by the state, local, or regional public fire agency to deliver peer support services to emergency service personnel consistent with this article and implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees. (h) “Peer support team” means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to Section 8669.30, and who have been appointed to the team pursuant to program policy. (i) “Peer support team member” means a public fire agency employee who has completed an approved peer support training course or courses pursuant to Section 8669.30. Agency selection criteria for peer support team members shall be incorporated into program policies. (Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
  13. 8669.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. )

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    Local or regional public fire agencies must implement a peer support program through a labor-management agreement separate from any collective bargaining agreement; Cal Fire policies in effect on July 1, 2019 must continue, and later policy changes must go through meet-and-confer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. ) ## 8669.17. (a) A peer support program for local or regional public fire agencies shall be implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees. (b) Department of Forestry and Fire Protection peer support program policies that were in effect on July 1, 2019, shall continue as they existed on that date, and any prospective changes to the program policies as they were in effect on that date shall be subject to a meet and confer process regarding those prospective changes with the employee organization representing a majority of the personnel employed by the agency. (Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
  14. 8669.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. )

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    A local or regional law enforcement agency may create a peer support and crisis referral program, and the agency’s hiring authority must consult with an employee representative organization to develop and implement it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. ) ## 8669.2. (a) A local or regional law enforcement agency may establish a peer support and crisis referral program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agency’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. (b) The peer support and crisis referral program may provide employee support and referral services for matters including, but not limited to, the following: (1) Substance use and substance abuse. (2) Critical incident stress. (3) Family issues. (4) Grief support. (5) Legal issues. (6) Line-of-duty deaths. (7) Serious injury or illness. (8) Suicide. (9) Victims of crime. (10) Workplace issues. (c) The agency’s hiring authority shall consult with an employee representative organization to develop and implement a program created pursuant to this section. (Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
  15. 8669.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. )

    Verify source ↗

    Emergency service personnel can keep certain peer-support and hotline communications confidential, and peer support team members may disclose them only in specified situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. ) ## 8669.20. (a) In any civil, administrative, or arbitration proceeding, an emergency service personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service. (b) Notwithstanding subdivision (a), a confidential communication described in subdivision (a) may be disclosed only under the following circumstances: (1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team. (2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime. (3) The peer support team member reasonably believes that disclosure is necessary pursuant to an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter. (4) The disclosure is made pursuant to a court order in a civil proceeding. (5) The emergency service personnel expressly agrees in writing that the confidential communication may be disclosed. (c) If the communication is disclosed pursuant to paragraph (1), (2), (3), or (4) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing. (d) The provisions of this section shall apply to the Department of Forestry and Fire Protection peer support program in effect as of July 1, 2019. (Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
  16. 8669.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. )

    Verify source ↗

    Certain emergency service personnel and their public fire agency employer are shielded from liability for peer support services, except for gross negligence, intentional misconduct, and medical malpractice; peer support should also be withheld in conflict-of-interest situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. ) ## 8669.25. (a) Except as otherwise provided in subdivision (b), an emergency service personnel who provides peer support services as a member of a peer support team and has completed a training course described in Section 8669.30 and the state, local, or regional public fire agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. (b) Subdivision (a) does not apply to an action for medical malpractice. (c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individual’s relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient. (d) Whenever possible, a person described in subdivision (a) providing peer support services should not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident. (Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
  17. 8669.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article about law enforcement peer support and crisis referral services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. ) ## 8669.3. For purposes of this article, the following terms have the following meanings: (a) “Confidential communication” means any information, including, but not limited to, written or oral communication, transmitted between a law enforcement personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, or between law enforcement personnel recipients of group peer support services while a peer support team member or mental health professional provides group peer support services to those recipients, and in confidence by a means that, as far as the law enforcement personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the law enforcement personnel in the delivery of peer support services, including group peer support services, or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services. “Confidential communication” does not include a communication in which the law enforcement personnel discloses the commission of a crime or a communication in which the law enforcement personnel’s intent to defraud or deceive an investigation into a critical incident is revealed. (b) “Crisis referral services” include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative, or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization. (c) “Critical incident” means an event or situation that involves crisis, disaster, trauma, or emergency. (d) “Critical incident stress” means the acute or cumulative psychological stress or trauma that law enforcement personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following: (1) Physical and emotional illness. (2) Failure of usual coping mechanisms. (3) Loss of interest in the job or normal life activities. (4) Personality changes. (5) Loss of ability to function. (6) Psychological disruption of personal life, including their relationship with a spouse, child, or friend. (e) “Group peer support services” means peer support services, as defined in subdivision (h), comprised of at least one peer support team member or mental health professional and more than one recipient of group peer support services. (f) “Law enforcement agency” means a local or regional department or agency, or any political subdivision thereof, that employs a peace officer, as defined in Section 830 of the Penal Code. (g) “Law enforcement personnel” means an officer or employee of a local or regional law enforcement agency. (h) “Peer support services” means authorized peer support services provided by a peer support team member to law enforcement personnel and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress. Peer support services may include one or more of the following: (1) Precrisis education. (2) Critical incident stress defusings. (3) Critical incident stress debriefings. (4) On-scene support services. (5) One-on-one support services. (6) Consultation. (7) Referral services. (8) Confidentiality obligations. (9) The impact of toxic stress on health and well-being. (10) Grief support. (11) Substance abuse awareness and approaches. (12) Active listening skills. (i) “Peer support program” means a program administered by a law enforcement agency to deliver peer support services to law enforcement personnel. (j) “Peer support team” means a law enforcement agency response team composed of peer support team members. (k) “Peer support team member” means a law enforcement agency employee who has completed a peer support training course or courses pursuant to Section 8669.6. Agency selection criteria of peer support team members shall be incorporated into agency policies. (Amended by Stats. 2025, Ch. 456, Sec. 1. (SB 459) Effective January 1, 2026.)
  18. 8669.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. )

    Verify source ↗

    Peer support team members must complete approved peer support training to qualify for confidentiality protections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 21. California Firefighter Peer Support and Crisis Referral Services Act [8669.05 - 8669.30] ( Article 21 added by Stats. 2019, Ch. 388, Sec. 2. ) ## 8669.30. (a) In order to be eligible for the confidentiality protections afforded by this article, each peer support team member shall complete an approved training course or courses on peer support that may include, but are not limited to, the peer support services described in subdivision (f) of Section 8669.15. (b) For local or regional public fire agencies, the training shall be approved by the California Firefighter Joint Apprenticeship Committee. (c) (1) Training provided by the Department of Forestry and Fire Protection, through the Fire Service Training and Education Program, and utilized and approved by the department shall satisfy the requirements described in subdivision (a). (2) The department may make any training courses described in paragraph (1) available upon request to any local or regional public fire agency. (Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)
  19. 8669.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. )

    Verify source ↗

    Law enforcement personnel have a right to keep certain confidential communications undisclosed and to stop others from disclosing them, subject to listed exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. ) ## 8669.4. (a) Except as provided in subdivision (b), a law enforcement personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the law enforcement personnel and a peer support team member made while the peer support team member was providing peer support services, including group peer support services, a confidential communication between law enforcement personnel recipients of group peer support services made while a peer support team member or mental health professional provides group peer support services to those recipients, or a confidential communication made to a crisis hotline or crisis referral service. (b) Notwithstanding subdivision (a), a confidential communication may be disclosed under the following circumstances: (1) To refer a law enforcement personnel to receive crisis referral services by a peer support team member. (2) During a consultation between two peer support team members. (3) If the peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime. (4) If the law enforcement personnel expressly agrees in writing that the confidential communication may be disclosed. (5) In a criminal or juvenile delinquency proceeding. (6) If otherwise required by law. (Amended by Stats. 2025, Ch. 456, Sec. 2. (SB 459) Effective January 1, 2026.)
  20. 8669.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. )

    Verify source ↗

    Peer support team members and their employing law enforcement agencies are generally shielded from damages for peer support work, except for gross negligence, intentional misconduct, and medical malpractice. Peer support team members also must not provide peer support in specified conflict-of-interest or investigation-related situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. ) ## 8669.5. (a) Except as otherwise provided in subdivision (b), a peer support team member who provides peer support services and has completed a training course described in Section 8669.6, and the law enforcement agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. (b) Subdivision (a) does not apply to an action for medical malpractice. (c) A peer support team member shall not provide peer support services in any of the following circumstances: (1) If, when serving in a peer support role, the peer support team member’s relationship with a law enforcement personnel receiving peer support services could be reasonably expected to impair objectivity, competence, or effectiveness in providing peer support, or would otherwise risk exploitation or harm to the law enforcement personnel. (2) If the peer support team member and the law enforcement personnel receiving peer support services were involved as participants or witnesses to the same traumatic incident. (3) If the peer support team member and the law enforcement personnel receiving peer support services are both involved in a shared active or ongoing investigation. (Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
  21. 8669.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. )

    Verify source ↗

    A peer support team member must complete law-enforcement-agency-approved peer support training to qualify for confidentiality protections, and a law enforcement agency may deny or rescind an employee’s participation as a peer support team member under agency policy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. ) ## 8669.6. (a) To be eligible for the confidentiality protections afforded by this article, a peer support team member shall complete a training course or courses on peer support approved by the law enforcement agency that may include, but is not limited to, the following: (1) Precrisis education. (2) Critical incident stress defusings. (3) Critical incident stress debriefings. (4) On-scene support services. (5) One-on-one support services. (6) Consultation. (7) Referral services. (8) Confidentiality obligations. (9) The impact of toxic stress on health and well-being. (10) Grief support. (11) Substance abuse awareness and approaches. (12) Active listening skills. (13) Stress management. (14) Psychological first aid. (b) Notwithstanding any other law, a law enforcement agency may deny or rescind an employee’s participation as a peer support team member consistent with agency policy. (Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
  22. 8669.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. )

    Verify source ↗

    Law enforcement personnel have a right to keep certain confidential communications with a crisis hotline or crisis referral service from being disclosed in civil, administrative, or arbitration proceedings. The hotline or referral service may disclose confidential information only to prevent death, serious bodily harm, or a crime, and the article does not limit child abuse reporting duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 22. Law Enforcement Peer Support and Crisis Referral Services Program [8669.1 - 8669.7] ( Article 22 added by Stats. 2019, Ch. 621, Sec. 1. ) ## 8669.7. (a) Except as otherwise provided in this section, a law enforcement personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the law enforcement personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding. (b) Notwithstanding subdivision (a), a crisis hotline or crisis referral service may disclose confidential information communicated by a law enforcement personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime. (c) This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code. (Added by Stats. 2019, Ch. 621, Sec. 1. (AB 1117) Effective January 1, 2020.)
  23. 8669.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s intent that communications by EMS personnel, peer support team members, and crisis referral service staff remain confidential.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. ) ## 8669.8. (a) Emergency Medical Services (EMS) personnel, alongside and including firefighters, frequently respond to traumatic incidents and dangerous circumstances, including fires, accidents, natural disasters, and violent incidents. These situations expose them to harmful substances, such as blood and vomit, as well as witnessing severe injuries, death, and grief. EMS personnel are regularly placed in harm’s way, facing significant risks of bodily harm or physical assault while performing their duties. (b) The high-stress working environment inherent in EMS takes a toll on the mental, emotional, and physical well-being of EMS personnel. Chronic exposure to traumatic events increases the risk of post-traumatic stress and other stress-induced injuries. (c) Despite surviving the traumas encountered on duty, many EMS personnel experience the impacts of occupational stressors even when off duty. The psychological and emotional stress of their professions can linger, causing detrimental effects long after their shifts end. (d) Unfortunately, trauma-related injuries, including post-traumatic stress, can become overwhelming, leading to substance use disorders and, tragically, suicide. The risk of suicide is notably high in these professions, with statistics indicating that EMS personnel are at a significantly elevated risk compared to other occupational groups. (e) EMS personnel face unique and dangerous risks while striving to ensure public safety. They rely on each other for support and survival, risking their lives daily to serve and protect their communities. (f) The culture within EMS has historically discouraged personnel from seeking assistance for psychological stress due to fears of ridicule, shame, or adverse job actions. (g) It is the intent of the Legislature that communications made by EMS personnel, peer support team members, or crisis referral service staff remain confidential, ensuring that individuals feel comfortable seeking help without fear of repercussion. The hope is that this safety to heal will decrease the rate of EMS personnel choosing substances or suicide to end their pain and promote a more resilient workforce protecting our communities. (Added by Stats. 2024, Ch. 744, Sec. 1. (AB 2859) Effective January 1, 2025.)
  24. 8669.81.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article on EMS peer support and crisis referral services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. ) ## 8669.81. For purposes of this article: (a) “Confidential communication” means any information, including written or oral communication, transmitted between an EMS personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the EMS personnel is aware, does not disclose the information to third parties other than those who are present to further the interests of the EMS personnel in the delivery of peer support services or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services. “Confidential communication” does not include a communication in which the EMS personnel discloses the commission of a crime or a communication in which the EMS personnel’s intent to defraud or deceive an investigation into a critical incident is revealed. (b) “Crisis referral services” include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. (c) “Critical incident” means an event or situation that involves crisis, disaster, trauma, or emergency. (d) “Critical incident stress” means the acute or cumulative psychological stress or trauma that EMS personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning and could lead to post-traumatic stress injuries, including one or more of the following: (1) Physical and emotional illness. (2) Failure of usual coping mechanisms. (3) Loss of interest in the job or normal life activities. (4) Personality changes. (5) Loss of ability to function. (6) Psychological disruption of personal life, including the person’s relationship with a spouse, child, or friend. (e) “EMS” means emergency medical services. (f) “EMS personnel” means currently licensed California health care professionals who provide emergency medical care or support providers of emergency medical care, including physicians, physician assistants, registered nurses, nurse practitioners, nurse-midwives, clinical nurse specialists, nurse anesthetists, mobile intensive care nurses, and currently licensed or certified California paramedics and advanced emergency medical technicians, emergency medical technicians, lifeguards, and emergency medical dispatchers who are not also described in Section 8669.15 or 8669.3. (g) “EMS provider” means either of the following, subject to the exclusions in Section 8669.87: (1) A local or regional department or agency, or any political subdivision thereof, that employs EMS personnel or uses volunteer EMS personnel. (2) A private entity, including providers contracted with a local or regional department or agency, that employs EMS personnel or uses volunteer EMS personnel. (h) “Peer support program” means a program administered by an EMS provider to deliver peer support services to EMS personnel. (i) “Peer support services” means authorized peer support services provided by a peer support team member to EMS personnel and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress. Peer support services may include one or more of the following: (1) Precrisis education. (2) Critical incident stress defusings. (3) Critical incident stress debriefings. (4) On-scene support services. (5) One-on-one support services. (6) Consultation. (7) Referral services. (8) Confidentiality obligations. (9) The impact of toxic stress on health and well-being. (10) Grief support. (11) Substance abuse awareness and approaches. (12) Active listening skills. (j) “Peer support team” means a response team composed of EMS peer support team members. (k) “Peer support team member” means any EMS personnel who has completed a peer support training course or courses pursuant to Section 8669.86. EMS provider selection criteria for peer support team members shall be incorporated into EMS provider policies. (Added by Stats. 2024, Ch. 744, Sec. 1. (AB 2859) Effective January 1, 2025.)
  25. 8669.82.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. )

    Verify source ↗

    An EMS provider may establish a peer support and crisis referral program, and if it does, the program must be run through a separate labor-management agreement and provide a peer support network. Sessions from the program do not count toward the Labor Code mental health treatment total.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. ) ## 8669.82. (a) An EMS provider may establish a peer support and crisis referral program. The program shall be responsible for providing a network of peer representatives, reflective of the provider’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. (b) The peer support and crisis referral program may provide employee support and referral services for matters that include any of the following: (1) Substance use and substance abuse. (2) Critical incident stress. (3) Family issues. (4) Grief support. (5) Legal issues. (6) Line-of-duty deaths. (7) Serious injury or illness. (8) Suicide. (9) Victims of crime. (10) Workplace issues. (c) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from a collective bargaining agreement covering affected emergency medical personnel, if any. (d) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code. (Added by Stats. 2024, Ch. 744, Sec. 1. (AB 2859) Effective January 1, 2025.)
  26. 8669.84.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. )

    Verify source ↗

    EMS personnel have a right to keep certain peer-support and crisis-related communications confidential, with listed exceptions for disclosure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. ) ## 8669.84. (a) Other than in a criminal proceeding, an EMS personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the EMS personnel and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service. (b) Notwithstanding subdivision (a), a confidential communication may be disclosed under the following circumstances: (1) To refer an EMS personnel to receive crisis referral services by a peer support team member. (2) During a consultation between two peer support team members. (3) If the peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime. (4) If the EMS personnel expressly agrees in writing that the confidential communication may be disclosed. (5) If the disclosure is made pursuant to a court order in a civil proceeding. (6) In a criminal proceeding. (7) If otherwise required by law. (c) Notwithstanding subdivision (a), a crisis hotline or crisis referral service may disclose confidential information communicated by an EMS personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime. (d) This section does not limit an obligation of a mandated reporter to report instances of abuse as required by law, including as required by Section 11166 of the Penal Code. (Added by Stats. 2024, Ch. 744, Sec. 1. (AB 2859) Effective January 1, 2025.)
  27. 8669.85.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. )

    Verify source ↗

    Some peer support team members and their EMS employers are protected from damages claims for peer support services, except for gross negligence, intentional misconduct, or medical malpractice, and peer support services must not be provided in listed conflict situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. ) ## 8669.85. (a) Except as otherwise provided in subdivision (b), a peer support team member who provides peer support services and has completed a training course described in Section 8669.86, and the EMS provider that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. (b) Subdivision (a) does not apply to an action for medical malpractice. (c) A peer support team member shall not provide peer support services in any of the following circumstances: (1) If, when serving in a peer support role, the peer support team member’s relationship with an EMS personnel receiving peer support services could be reasonably expected to impair objectivity, competence, or effectiveness in providing peer support, or would otherwise risk exploitation or harm to the EMS personnel. (2) If the peer support team member and the EMS personnel receiving peer support services were involved as participants or witnesses to the same specific incident. (3) If the peer support team member and the EMS personnel receiving peer support services are both involved in a shared active or ongoing investigation. (Added by Stats. 2024, Ch. 744, Sec. 1. (AB 2859) Effective January 1, 2025.)
  28. 8669.86.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. )

    Verify source ↗

    A peer support team member must complete EMS provider-approved peer support training to get this article’s confidentiality protections. An EMS provider may also deny or rescind an EMS personnel’s participation as a peer support team member under its policy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. ) ## 8669.86. (a) To be eligible for the confidentiality protections afforded by this article, a peer support team member shall complete a training course or courses on peer support approved by the EMS provider that may include the following topics: (1) Precrisis education. (2) Critical incident stress defusings. (3) Critical incident stress debriefings. (4) On-scene support services. (5) One-on-one support services. (6) Consultation. (7) Referral services. (8) Confidentiality obligations. (9) The impact of toxic stress on health and well-being. (10) Grief support. (11) Substance abuse awareness and approaches. (12) Active listening skills. (13) Stress management. (14) Psychological first aid. (b) Notwithstanding any other law, an EMS provider may deny or rescind an EMS personnel’s participation as a peer support team member consistent with EMS provider policy developed through a labor-management committee. (Added by Stats. 2024, Ch. 744, Sec. 1. (AB 2859) Effective January 1, 2025.)
  29. 8669.87.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. )

    Verify source ↗

    This section says it does not change or override peer support programs under Articles 21 and 22, does not apply to EMS system stakeholders covered by those articles, and Articles 21 or 22 control if there is a conflict.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. California Emergency Services Act [8550 - 8669.87] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ## ARTICLE 23. California Emergency Medical Services Peer Support and Crisis Referral Services [8669.8 - 8669.87] ( Article 23 added by Stats. 2024, Ch. 744, Sec. 1. ) ## 8669.87. (a) This article does not supersede, create requirements, or otherwise impact peer support programs established pursuant to Article 21 (commencing with Section 8669.05) or Article 22 (commencing with Section 8669.1). (b) This article does not apply to any EMS system stakeholders included under Article 21 (commencing with Section 8669.05) or Article 22 (commencing with Section 8669.1). (c) If a conflict arises regarding the application of this article and Article 21 (commencing with Section 8669.05), Article 21 shall control. (d) If a conflict arises regarding the application of this article and Article 22 (commencing with Section 8669.1), Article 22 shall control. (Added by Stats. 2024, Ch. 744, Sec. 1. (AB 2859) Effective January 1, 2025.)
  30. 867.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 8. Activities to Abate an Impending Peril [865 - 867] ( Chapter 8 added by Stats. 1979, Ch. 1119. )

    Verify source ↗

    An employee of a local public entity is not liable for damages for injury to persons or property when the injury results from an impending peril or from actions taken to abate that peril under Section 866.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. ) ## CHAPTER 8. Activities to Abate an Impending Peril [865 - 867] ( Chapter 8 added by Stats. 1979, Ch. 1119. ) ## 867. An employee of a local public entity is not liable for damages for injury to persons or property resulting from an impending peril or from any action taken to abate such peril pursuant to Section 866. (Added by Stats. 1979, Ch. 1119.)
  31. 8670.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    This section gives this chapter and related provisions the name “the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.1. This chapter, Article 3.5 (commencing with Section 8574.1) of Chapter 7 of the Government Code, and Division 7.8 (commencing with Section 8750) of the Public Resources Code shall be known, and may be cited as, the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  32. 8670.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator must run periodic drill exercises, coordinate with other agencies and private entities, set performance standards, and report on drill performance. Operators, rated OSROs, and state and local entities must cooperate, and an independent drill monitor may be required in some outside-state drill situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.10. (a) (1) Except as provided in subdivision (b), in coordination with all appropriate federal, state, and local government entities, the administrator shall periodically carry out announced and unannounced drills to test response and cleanup operations, equipment, contingency plans, and procedures implemented under this chapter. If practical, the administrator shall coordinate drills with drills carried out by the State Lands Commission and the California Coastal Commission to test prevention operations, equipment, and procedures. In carrying out announced drills, the administrator shall coordinate with the private entities involved in the drill. Each state and local entity, each rated OSRO, and each operator shall cooperate with the administrator in carrying out these drills. (2) The administrator shall establish performance standards that each operator and rated OSRO shall meet during the drills carried out pursuant to this subdivision. The standards shall include, but are not limited to, a standard for the time allowable for adequate response, and shall also specify conditions for canceling a drill because of hazardous or other operational circumstances that may exist. The standards shall specify the protections that the administrator determines are necessary for any environmentally sensitive area, as defined by the administrator. (3) The costs incurred by an operator to comply with this section and regulations adopted pursuant to this section are the responsibility of the operator. All costs incurred by a local, state, or federal agency in conjunction with participation in a drill pursuant to this chapter shall be borne by each respective agency. (4) After every drill attended by the administrator or his or her representative, that person shall issue a report that evaluates the performance of the participants. (b) (1) If the administrator, the United States Coast Guard, or any other qualified public agency, as determined by the administrator, is unable to attend a drill of an oil spill contingency plan held outside the state, the administrator may require the owner or operator to provide for an independent drill monitor to evaluate the drill consistent with the requirements of this chapter. The administrator shall adopt regulations to implement this section on or before January 1, 2010. (2) Within 14 days after the date that the drill specified in paragraph (1) is conducted, the independent drill monitor shall submit the evaluation specified in paragraph (1) to the administrator and owner or operator. (3) Based on the evaluation submitted pursuant to paragraph (2) and any other applicable requirements of this chapter, the administrator shall determine whether the drill conducted pursuant to this subdivision satisfies the requirements of this chapter. (Amended by Stats. 2008, Ch. 566, Sec. 1. Effective January 1, 2009.)
  33. 8670.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator must work with the United States Coast Guard to establish a drill-and-exercise schedule and must make that schedule publicly available.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.11. In addition to Section 8670.10, the administrator, in cooperation with the United States Coast Guard, shall establish a schedule of drills and exercises required pursuant to Section 155.4052 of Title 33 of the Code of Federal Regulations. The administrator shall make publicly available the established schedule. (Added by Stats. 2015, Ch. 609, Sec. 1. (SB 414) Effective January 1, 2016.)
  34. 8670.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator must conduct and update oil-spill studies, and may use fund money, agreements, equipment, and contracts to do so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.12. (a) The administrator shall conduct studies and evaluations necessary for improving oil spill response, containment, and cleanup and oil spill wildlife rehabilitation in waters of the state and oil transportation systems. The administrator may expend moneys from the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38, enter into consultation agreements, and acquire necessary equipment and services for the purpose of carrying out these studies and evaluations. (b) The administrator shall, consulting current peer-reviewed published scientific literature, study the use and effects of dispersants, incineration, bioremediation, and any other methods used to respond to a spill and, by May 1, 2016, request that the federal California Dispersant Plan be updated pursuant to subdivision (d). The study shall periodically be updated by the administrator, consulting current peer-reviewed published scientific literature, to ensure the best achievable protection from the use of those methods. Based upon substantial evidence in the record, the administrator may determine in individual cases that best achievable protection is provided by establishing requirements that provide the greatest degree of protection achievable without imposing costs that significantly outweigh the incremental protection that would otherwise be provided. The studies shall do all of the following: (1) Evaluate the effectiveness of dispersants and other chemical, bioremediation, and biological agents in oil spill response under varying environmental conditions. (2) Evaluate potential adverse impacts on the environment and public health including, but not limited to, adverse toxic impacts on water quality, fisheries, and wildlife with consideration to bioaccumulation and synergistic impacts, and the potential for human exposure, including skin contact and consumption of contaminated seafood. (3) Recommend appropriate uses and limitations on the use of dispersants and other chemical, bioremediation, and biological agents to ensure they are used only in situations where the administrator determines they are effective and safe. (c) The studies shall be performed with consideration of current peer-reviewed published scientific literature and any studies performed by federal, state, and international entities. The administrator may enter into contracts for the studies. (d) The administrator shall support the federal Regional Response Team, as described in Section 300.115 of Title 40 of the Code of Federal Regulations, in the development, and shall request regular updates, of plans and procedures for use of dispersants and other chemical agents in California. The administrator’s assistance may include, but is not limited to, providing the federal Regional Response Team with current peer-reviewed published scientific literature, and risk and consequence analysis. (Amended by Stats. 2015, Ch. 609, Sec. 2. (SB 414) Effective January 1, 2016.)
  35. 8670.12.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator must hold a technology workshop on technology for addressing nonfloating oil spills by January 1, 2022, and must consider workshop information and scientific literature when determining best achievable protection.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.12.1. On or before January 1, 2022, the administrator shall hold a technology workshop that shall include the topic of technology for addressing nonfloating oil spills. The administrator shall consider information gained from technology workshops, as well as available scientific and technical literature concerning nonfloating oil spill response technology, in determining best achievable protection and in fulfilling the administrator’s duties under paragraph (2) of subdivision (b) of Section 8670.30. (Added by Stats. 2019, Ch. 770, Sec. 4. (AB 936) Effective January 1, 2020.)
  36. 8670.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator must evaluate new technologies for oil spill response, report to the Legislature by January 1, 2017, update related regulations by July 1, 2018, and direct Harbor Safety Committees to assess tug capabilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.13. (a) The administrator shall periodically evaluate the feasibility of requiring new technologies to aid in prevention, response, containment, cleanup, and wildlife rehabilitation. (b) (1) On or before January 1, 2017, the administrator shall submit a report to the Legislature, pursuant to Section 9795, assessing the best achievable technology of equipment for oil spill prevention, preparedness, and response. (2) The report shall evaluate studies of estimated recovery system potential as a methodology for rating equipment in comparison to effective daily recovery capacity. (3) Pursuant to Section 10231.5, this subdivision is inoperative on July 1, 2020. (c) (1) Considering, among other things, the report prepared pursuant to subdivision (b), the administrator shall update regulations governing the adequacy of oil spill contingency plans for best achievable technologies for oil spill prevention and response no later than July 1, 2018. (2) The updated regulations shall enhance the capabilities for prevention, response, containment, cleanup, and wildlife rehabilitation. (d) (1) The administrator shall direct the Harbor Safety Committees, established pursuant to Section 8670.23, to assess the presence and capability of tugs within their respective geographic areas of responsibility to provide emergency towing of tank vessels and nontank vessels to arrest their drift or otherwise guide emergency transit. (2) The assessments for harbors in the San Francisco Bay area and in the Los Angeles-Long Beach area shall be initiated by May 1, 2016. The assessments for the other harbors shall be initiated by January 1, 2020. (3) The assessment shall consider, among other things, data from available United States Coast Guard Vessel Traffic Systems, relevant incident and accident data, any relevant simulation models, and identification of any transit areas where risks are higher. (4) The assessment shall consider the condition of tank and nontank vessels calling on harbors, including the United States Coast Guard’s marine inspection program and port state control program regarding risks due to a vessel’s hull or engineering material deficiencies, or inadequate crew training and professionalism. (Amended by Stats. 2016, Ch. 86, Sec. 154. (SB 1171) Effective January 1, 2017.)
  37. 8670.13.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must license all oil spill cleanup agents and adopt regulations for expedited testing, licensing, and use. The administrator may also charge limited fees and may require license renewal every five years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.13.1. (a) The administrator shall license all oil spill cleanup agents, and shall adopt regulations governing the expedited testing, licensing, and use of oil spill cleanup agents. The administrator shall utilize toxicity and efficacy tests and other information from government and private agencies developed for each specific category of chemical countermeasure in determining the acceptability of an oil spill cleanup agent for license and use. (b) Sorbents and other cleanup devices that do not employ the use of active chemical cleanup agents, or otherwise determined by the administrator not to cause aquatic toxicity for purposes of oil spill response, are not subject to subdivision (a). (c) The administrator may charge applicants a fee for the costs of processing an application for a license for an oil spill cleanup agent, not to exceed one thousand dollars ($1,000). The administrator may require renewal of a license every five years, and may charge a fee for the cost of processing the renewal of the license for an oil spill cleanup agent, not to exceed one hundred dollars ($100). Only one license per cleanup agent shall be required statewide. (Amended by Stats. 1996, Ch. 390, Sec. 1. Effective August 19, 1996.)
  38. 8670.13.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must prepare and periodically revise regulations for licensing oil spill cleanup agents, submit them for filing and publication, and the regulations take effect upon filing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.13.2. The administrator shall prepare and periodically revise regulations regarding licensing of oil spill cleanup agents. The authority of the administrator shall be substituted for the authority of the State Water Resources Control Board and cross references shall be corrected. The administrator shall submit these regulations to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. These regulations are exempt from the Administrative Procedure Act. The regulations shall become effective upon filing. (Amended by Stats. 2004, Ch. 796, Sec. 13. Effective January 1, 2005.)
  39. 8670.13.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    If dispersants are used in response to an oil spill in state waters, the administrator must notify the Legislature in writing within three days, provide written justification and supporting documentation when released, and submit a report on effectiveness within two months.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.13.3. If dispersants are used in response to an oil spill in state waters, the administrator shall provide written notification of their use to the Legislature within three days of the use. The administrator shall provide the Legislature with written justification of that use, including copies of key supporting documentation used by the federal on-scene coordinator and the federal Regional Response Team as soon as those materials are released. Within two months of the use of dispersants in state waters, the administrator shall also provide a report to the Legislature on the effectiveness of the dispersants used, including, but not limited to, results of any available monitoring data to determine whether the dispersant use resulted in overall environmental benefit or harm. The written notification, justification, and report shall be submitted pursuant to Section 9795. (Amended by Stats. 2016, Ch. 86, Sec. 155. (SB 1171) Effective January 1, 2017.)
  40. 8670.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must coordinate California oil spill prevention and response programs and related safety standards with federal programs when appropriate, as far as possible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.14. The administrator shall coordinate the oil spill prevention and response programs and facility, tank vessel, and nontank vessel safety standards of the state with federal programs as appropriate and to the maximum extent possible. (Amended by Stats. 2014, Ch. 35, Sec. 15. (SB 861) Effective June 20, 2014.)
  41. 8670.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must take action to promote federal laws or rules that require certain tank ship safety equipment, alarms, and shipping-lane restrictions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.16. The administrator shall take any action necessary and appropriate to promote the adoption of statutes or regulations by the federal government that establish all of the following requirements: (a) Each tank ship using ports in the state shall have alarms on the bridge that give warning any time an attempt is made to control the tank ship manually while the autopilot is engaged, whether the attempt is successful or not, or any time the autopilot fails. (b) Each tank ship using ports in the state shall have in good working order, all of the following: (1) Two “VHF” bridge-to-bridge radiotelephones. (2) One single-side band radiotelephone. (3) One satellite communication device. (4) Two collision avoidance radar devices, at least one of which has automatic collision avoidance (ARPA) capability. (c) Each tank ship and tank barge shall use only shipping lanes designed to significantly reduce the likelihood of oil spills reaching sensitive environmental areas, including, but not limited to, the Channel Islands, Big Sur, the Farallon Islands, and the North Coast. (Amended by Stats. 2001, Ch. 748, Sec. 8. Effective January 1, 2002.)
  42. 8670.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must adopt regulations for oil-transfer vessels and marine terminals, and those regulations must be periodically revised.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.17. (a) The administrator shall adopt regulations regarding the equipment, personnel, and operation of vessels to and from marine terminals that are used to transfer oil. (b) The regulations shall be adopted, and thereafter periodically revised, to ensure the best achievable protection of the public health and safety and the environment. (c) The regulations adopted pursuant to this section shall include, but not be limited to, both of the following: (1) A requirement that the vessel has functional equipment that is compatible with any vessel traffic advisory control system that may be established along the California coast. (2) A requirement that the vessel, while in marine waters, has at all times at least one person on the bridge who is able to communicate fluently and effectively both in English and in the language of the master of the vessel. (Amended by Stats. 2001, Ch. 748, Sec. 9. Effective January 1, 2002.)
  43. 8670.17.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator may provide services to vessels, ports, and port users, and may set or authorize reimbursement for those services within reasonable cost limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.17.1. The administrator may, for purposes of efficiency, safety, or implementation consistency, provide for services to vessels, ports, and port users which are necessary to achieve requirements mandated pursuant to this article. The administrator may establish or authorize reimbursement for those services which do not exceed the reasonable costs incurred in implementing and administering the service. (Added by Stats. 1993, Ch. 1190, Sec. 1. Effective October 11, 1993.)
  44. 8670.17.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must adopt tugboat-escort regulations for tank ships and tank barges in state harbors.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.17.2. (a) The administrator shall adopt regulations governing tugboat escorts for tank ships and tank barges entering, leaving, or navigating in the harbors of the state. The regulations shall be adopted, and thereafter periodically revised, to ensure the best achievable protection of the public health and safety and the environment. (b) The regulations adopted pursuant to subdivision (a) shall include, but not be limited to, a determination of the circumstances under which tank ships and tank barges are required to be accompanied by a tugboat or tugboats of sufficient size, horsepower, and pull capability while entering, leaving, or navigating in the harbors of the state. In making that determination, the administrator shall be guided by the recommendations of the harbor safety committees established pursuant to Section 8670.23. (c) The administrator may adopt regulations that differ from the recommendations of the harbor safety committees only after a public hearing. If the administrator proposes to adopt regulations that require the use of tugboat escorts in fewer instances in the harbors of San Francisco, San Pablo, and Suisun Bays than that which is recommended by the Harbor Safety Committee for San Francisco, San Pablo, and Suisun Bays, the administrator shall, in a public hearing, adopt findings, based on substantial evidence, that the proposed regulations provide adequate protection and are consistent with the purposes of this chapter. (d) A public hearing held in accordance with Section 11346.8 shall satisfy the public hearing requirement of subdivision (c). (e) The Legislature hereby finds and declares that the appropriate use of tugboat escorts can improve vessel safety, particularly in the harbors of San Francisco, San Pablo, and Suisun Bays, and that the regulations concerning tugboat escorts in those harbors shall be adopted as quickly as practicable and may be adopted before the adoption of all other regulations required by this section. (Amended by Stats. 2001, Ch. 748, Sec. 10. Effective January 1, 2002.)
  45. 8670.18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator may inspect vessels regularly and must oversee, report on, and regulate vessel inspection programs, while avoiding duplication with federal agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.18. (a) The administrator may inspect or cause to be inspected on a regular basis all vessels. (b) The administrator shall evaluate and periodically review the adequacy of the vessel inspection programs conducted by the Coast Guard and any other federal, state, or local agency. The evaluation shall consider all of the following: (1) The frequency and scope of inspections. (2) The continuing commitment of the Coast Guard to conduct frequent vessel inspections. (3) Any new or pending federal legislation that is likely to change the Coast Guard’s inspection programs. (4) Whether it is desirable for the state to contract with the Coast Guard for more frequent or expanded vessel inspections. (5) Whether it is desirable and practical for the state to develop and implement a state vessel inspection program. (c) If the administrator determines in the report that the Coast Guard inspection program is inadequate, the administrator shall attempt to enter into an agreement with the Coast Guard to remedy the deficiencies. (d) If, within a reasonable time, the administrator cannot remedy deficiencies in the Coast Guard inspection programs, the administrator shall report to the Legislature concerning the steps the administrator is taking to ensure that an adequate vessel inspection program is in place. The administrator shall adopt regulations for any vessel inspection program established pursuant to this section. Vessel inspections authorized pursuant to this section shall be conducted only for the purposes of determining compliance with relevant federal law and the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, as defined in Section 8670.1. The administrator shall consult with the Coast Guard regarding state-mandated requirements for vessel inspections. (e) Any state vessel inspection program established pursuant to this section shall not duplicate the activities of the Coast Guard or other authorized federal agencies. The administrator shall maintain a record of these activities for each vessel inspected. Any violation of Coast Guard regulations shall immediately be reported to the Coast Guard. (Amended by Stats. 2004, Ch. 796, Sec. 15. Effective January 1, 2005.)
  46. 8670.19.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must periodically review oil spill contingency plans and, if deficiencies are found, remand the plans with amendment recommendations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.19. (a) The administrator shall periodically conduct a comprehensive review of all oil spill contingency plans. The administrator shall do both of the following: (1) Segment the state into appropriate areas as necessary. (2) Evaluate the oil spill contingency plans for each area to determine if deficiencies exist in equipment, personnel, training, and any other area determined to be necessary, including those response resources properly authorized for cascading into the area, to ensure the best achievable protection of state waters from oil spills. (b) If the administrator finds that deficiencies exist, the administrator shall, by the process set forth in Section 8670.31, remand any oil spill contingency plans to the originating party with recommendations for amendments necessary to ensure that the waters of the state are protected. (Amended by Stats. 2014, Ch. 35, Sec. 16. (SB 861) Effective June 20, 2014.)
  47. 8670.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The section states findings about oil spill risks and says oil transporters near the state’s waters must meet minimum safety standards and show financial responsibility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.2. The Legislature finds and declares as follows: (a) Each year, billions of gallons of crude oil and petroleum products are transported by vessel, railroad, truck, or pipeline over, across, under, and through the waters of this state. Renewable fuels, created from nonpetroleum renewable resources, are replacing large segments of traditional petroleum-based fuels. This trend is expected to continue as the concept of “oil” evolves from petroleum fuels to other types of fuels for regular use. (b) Recent accidents in southern California, Alaska, other parts of the nation, and Canada, have shown that transportation of oil and renewable fuels can be a significant threat to the environment of sensitive areas. (c) Existing prevention programs are not able to reduce sufficiently the risk of significant discharge of petroleum and renewable fuels into state waters. (d) Response and cleanup capabilities and technology are unable to remove consistently the majority of spilled oil when major oil spills occur in state waters. (e) California’s lakes, rivers, other inland waters, coastal waters, estuaries, bays, and beaches are treasured environmental and economic resources that the state cannot afford to place at undue risk from an oil spill. (f) Because of the inadequacy of existing cleanup and response measures and technology, the emphasis must be put on prevention, if the risk and consequences of oil spills are to be minimized. (g) Improvements in the design, construction, and operation of rail tank cars, tank trucks, tank ships, terminals, and pipelines; improvements in marine safety; maintenance of emergency response stations and personnel; and stronger inspection and enforcement efforts are necessary to reduce the risks of and from a major oil spill. (h) A major oil spill in state waters is extremely expensive because of the need to clean up discharged oil, protect sensitive environmental areas, and restore ecosystem damage. (i) Immediate action must be taken to improve control and cleanup technology in order to strengthen the capabilities and capacities of cleanup operations. (j) California government should improve its response and management of oil spills that occur in state waters. (k) Those who transport oil through or near the waters of the state must meet minimum safety standards and demonstrate financial responsibility. (l) The federal government plays an important role in preventing and responding to petroleum and renewable fuel spills and it is in the interests of the state to coordinate with agencies of the federal government, including the Coast Guard and the United States Environmental Protection Agency, to the greatest degree possible. (m) California has approximately 1,100 miles of coast, including four marine sanctuaries that occupy 88,767 square miles. The weather, topography, and tidal currents in and around California’s coastal ports and waterways make vessel navigation challenging. The state’s major ports are among the busiest in the world. Approximately 700 million barrels of oil are consumed annually by California, with over 500 million barrels being transported by vessel. The peculiarities of California’s maritime coast require special precautionary measures regarding oil pollution. (n) California has approximately 158,500 square miles of interior area where there are approximately 6,800 miles of pipeline used for oil distribution, 5,800 miles of class I railroad track, and 172,100 miles of maintained roads. (Amended by Stats. 2021, Ch. 115, Sec. 11. (AB 148) Effective July 22, 2021.)
  48. 8670.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section requires prompt notification when a disabled vessel is involved, and defines when a vessel is treated as disabled.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.20. (a) For the purposes of this section, “vessel” means a vessel, as defined in Section 21 of the Harbors and Navigation Code, of 300 gross registered tons or more. (b) Any party responsible for a vessel shall notify the Coast Guard within one hour of a disability if the disabled vessel is within 12 miles of the shore of this state. The administrator and the Office of Emergency Services shall request the Coast Guard to notify the Office of Emergency Services as soon as possible after the Coast Guard receives notice of a disabled vessel within 12 miles of the shore of this state. The administrator shall attempt to negotiate an agreement with the Coast Guard governing procedures for Coast Guard notification to the state regarding disabled vessels. (c) Whenever the Office of Emergency Services receives notice of a disabled vessel, the office shall immediately notify the administrator. If the administrator receives notice from any other source regarding the presence of a disabled vessel within 12 miles of the shore of this state, the administrator shall immediately notify the Office of Emergency Services. (d) For the purposes of this section, a vessel shall be considered disabled if any of the following occurs: (1) Any accidental or intentional grounding that creates a hazard to the environment or the safety of the vessel. (2) Loss of main propulsion or primary steering or any component or control system that causes a reduction in the maneuvering capabilities of the vessel. For the purposes of this paragraph, “loss” means that any system, component, part, subsystem, or control system does not perform the specified or required function. (3) An occurrence materially and adversely affecting the vessel’s seaworthiness or fitness for service, including, but not limited to, fire, flooding, or collision with another vessel. (4) Any occurrence not meeting the above criteria, but that creates the serious possibility of an oil spill or an occurrence that may result in an oil spill. (e) For the purposes of this section, a tank barge shall be considered disabled if any of the following occur: (1) The towing mechanism becomes disabled. (2) The tugboat towing the tank barge becomes disabled through occurrences specified in subdivision (d). (Amended by Stats. 2013, Ch. 352, Sec. 181. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  49. 8670.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section requires the administrator to arrange, fund, regulate, and oversee vessel traffic service systems, and gives limited operating authority to the Marine Exchange for the Los Angeles-Long Beach area.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.21. (a) As used in this section, the following terms have the following meanings: (1) “Vessels” means vessels as defined in Section 21 of the Harbors and Navigation Code. (2) “VTS system” means a vessel traffic service system. (b) The administrator shall negotiate an agreement with the Coast Guard, appropriate port agencies, or appropriate organizations, for a VTS system to protect the harbors of this state. The administrator may include in the agreement provisions for vessel traffic monitoring and communications systems for areas of the coast outside of harbors, or negotiate a separate agreement for that purpose. The purpose of a VTS system and a vessel traffic monitoring and communications system shall be to aid navigation by providing satellite tracking, radar, or other information regarding ship locations and traffic, to prevent collisions and groundings. (c) A plan developed by the administrator, in consultation with the Coast Guard, shall provide for implementing and maintaining VTS systems pursuant to subdivision (b) for the Ports of Los Angeles and Long Beach, the Harbors of San Francisco, the Santa Barbara Channel, and any other area where establishing a VTS system or a vessel monitoring and communications system is recommended by the Coast Guard. The plan shall provide for the areas described in this subdivision, and for any other system and areas that are recommended by the Coast Guard, or recommended by the administrator and approved by the Coast Guard. Only systems that will be operated by the Coast Guard, or that will have direct communication with a Coast Guard officer who has Captain of the Port enforcement authority, shall be included in the plan. The plan shall be amended periodically to reflect any changes in Coast Guard recommendations or operations, and any changes in the agreements entered into pursuant to subdivision (b). The plan shall, to the extent allowable given federal requirements, provide for the best achievable protection. (d) (1) The administrator shall attempt to provide funding for VTS systems and vessel monitoring and communications systems through voluntary funding, or services in kind, provided by the maritime industry. If agreement on voluntary funding or services in kind cannot be reached, the administrator may establish a fee system that reflects the commercial maritime activity of each of the respective harbors or areas for which a VTS system or a vessel monitoring and communications system is established. Using that fee system, the administrator shall fund VTS systems and vessel monitoring and communications systems. (2) The money collected pursuant to this subdivision shall be deposited in the Vessel Safety Account, which is hereby created in the Oil Spill Prevention and Administration Fund. The money in the Vessel Safety Account is hereby continuously appropriated for the sole purpose of funding VTS systems and vessel monitoring and communications systems. Other than the fees imposed pursuant to this subdivision that are deposited in the Vessel Safety Account, no funds from the Oil Spill Prevention and Administration Fund may be used to pay for VTS systems or vessel traffic monitoring and communications systems. (3) The administrator shall adopt regulations to implement this subdivision. The administrator may adopt regulations prohibiting tank barges and tank ships from accepting or unloading oil at marine terminals if a tank barge or tank ship is not in compliance with required VTS system or vessel traffic monitoring and communications system equipment. (e) If a VTS system covers waters outside the jurisdiction of a local port authority, the administrator may grant the money that is determined to be necessary for the purchase and installation of equipment required for the establishment or expansion of the VTS system. Those grants may be made from the Oil Spill Response Trust Fund in accordance with Section 8670.49, as individual and nonrecurring appropriations through the budget process, but shall not exceed the amount of interest earned from money in that fund. (f) (1) The Marine Exchange of Los Angeles-Long Beach Harbor, Inc., a corporation organized under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), may operate a VTS system in the VTS area described in Section 445 of the Harbors and Navigation Code if the VTS system is approved by the Coast Guard and certified by the administrator as meeting the requirements of this chapter. The marine exchange shall cooperate fully with the administrator in the development, implementation, and operation of that VTS system. Upon certification by the administrator that the Coast Guard has commenced operation of a fully federally funded VTS system for the VTS area, the authorization for the marine exchange to operate a VTS system shall terminate. (2) The Port of Los Angeles and the Port of Long Beach may impose fees upon all covered vessels, as defined in Section 445.5 of the Harbors and Navigation Code, for the funding of the VTS system operated by the marine exchange. (3) No vessel that is required to comply with Article 4 (commencing with Section 445) of Chapter 1 of Division 3 of the Harbors and Navigation Code shall assert any claim against the marine exchange or any officer, director, employee, or representative of the marine exchange for any damage, loss, or expense, including any rights of indemnity or other rights of any kind, sustained by that vessel or its owners, agents, charterers, operators, crew, or third parties arising out of, or connected with, directly or indirectly, the marine exchange’s operation of the vessel traffic service, even though resulting in whole or in part from the negligent acts or omissions of the marine exchange or of an officer, director, employee, or representative of the marine exchange. (4) Each vessel required to comply with Article 4 (commencing with Section 445) of Chapter 1 of Division 3 of the Harbors and Navigation Code shall defend, indemnify, and hold harmless the marine exchange and its officers, directors, employees, and representatives from any and all claims, suits, or actions of any nature by whomsoever asserted, even though resulting or alleged to have resulted from negligent acts or omissions of the marine exchange or of an officer, director, employee, or representative of the marine exchange. (5) Nothing in this subdivision affects any liability or rights that may arise by reason of the gross negligence or intentional or willful misconduct of the marine exchange or of an officer, director, employee, or representative of the marine exchange in the operation of the VTS system, including any liability pursuant to subdivision (c) of Section 449.5 of the Harbors and Navigation Code. (6) The marine exchange and its officers and directors are subject to Section 5047.5 of the Corporations Code to the extent that the marine exchange meets the criteria specified in that section. (7) Nothing in this section shall be deemed to include the marine exchange or its officers, directors, employees, or representatives within the definition of “responsible party” pursuant to Section 8670.3 for purposes of this chapter. (8) Upon request by the administrator, the marine exchange shall submit a report containing a complete description of the VTS system operated by the marine exchange. Upon receiving the report, the administrator shall determine, after a public hearing, whether the elements and operation of the VTS system are consistent with the Harbor Safety Plan for the Ports of Los Angeles and Long Beach developed pursuant to Section 8670.23.1 and the standards for the statewide vessel traffic service systems plan. If the administrator determines that the VTS system is inconsistent with the Harbor Safety Plan for the Ports of Los Angeles and Long Beach developed pursuant to Section 8670.23.1 or with the statewide vessel traffic service systems plan, the administrator shall issue an order to the marine exchange specifying modifications to the VTS system to eliminate the inconsistencies. If the marine exchange has not complied with that order within six months of issuance, the administrator may, in addition to, or in lieu of, any other enforcement action authorized by this chapter or Article 4 (commencing with Section 445) of Chapter 1 of Division 3 of the Harbors and Navigation Code, and after a public hearing, administratively revoke the authorization for the marine exchange to operate a VTS system. If authorization for the marine exchange to operate a VTS system is revoked, the administrator shall take any action necessary to expeditiously establish a VTS system for the VTS area described in Section 445 of the Harbors and Navigation Code. The action may include the assessment of fees on vessels, port users, and ports, and needed expenditures, as provided in subdivision (d). (g) It is the intent of the Legislature that VTS systems and vessel traffic monitoring and communications systems be completed and operated by the Coast Guard, except that, with respect to the VTS area described in Section 445 of the Harbors and Navigation Code, a VTS system may be operated by the Marine Exchange of Los Angeles-Long Beach, Inc., pursuant to subdivision (f). (Amended by Stats. 2004, Ch. 796, Sec. 17. Effective January 1, 2005.)
  50. 8670.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Vessels that do not comply with the federal double-hull schedule and requirements may not dock, load, or unload at any marine terminal in the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.22. Any vessel that is not in compliance with the time schedules and requirements relating to double hulls set forth in the federal Oil Pollution Prevention, Response, Liability and Compensation Act of 1990 shall be prohibited from docking, loading, or unloading at any marine terminal in the state. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  51. 8670.23.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must create harbor safety committees, set each committee’s geographic area, and appoint specified members and officers. Harbor safety committees may also petition for extra or removed membership positions, and some committee members must have navigational expertise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.23. (a) The administrator shall establish Harbor Safety Committees for harbors and adjacent regions of San Diego; Los Angeles/Long Beach; Port Hueneme; San Francisco; and Humboldt Bay. (b) The administrator shall determine the geographic area for each harbor safety committee. (c) The administrator shall appoint to each harbor safety committee, for a term of three years, all of the following members, and their alternates: (1) A designee of a port authority within the harbor. (2) A representative of tank ship operators. (3) A representative of the pilot organizations within the harbor. (4) A representative of dry cargo vessel operators. (5) A representative of commercial fishing operators. (6) A representative of a recognized nonprofit environmental organization that has as a purpose the protection of marine resources. (7) A designee of the California Coastal Commission, except that for the Harbor Safety Committee for San Francisco Bay, the administrator shall appoint a designee of the San Francisco Bay Conservation and Development Commission. (8) A representative from a recognized labor organization involved with operations of vessels. (9) A designee of the Captain of the Port from the United States Coast Guard, the United States Army Corps of Engineers, the National Oceanographic and Atmospheric Administration, and the United States Navy to the extent that each consents to participate on the committee. (10) A representative of tug or tank barge operators, who is not also engaged in the business of operating either tank ships or dry cargo vessels. (11) A representative of pleasure boat operators. (12) A harbor safety committee may petition the administrator with a request for a new or additional membership position needed to conduct the harbor safety committee business and that reflects the makeup of the local maritime community. The approval of this petition shall be at the sole discretion of the administrator. (13) A harbor safety committee may petition the administrator for the elimination of a new or additional membership position requested and approved pursuant to paragraph (12). The approval of this petition shall be at the sole discretion of the administrator. (d) The members appointed from the categories listed in paragraphs (2), (3), (4), and (10) of subdivision (c) shall have navigational expertise. An individual is considered to have navigational expertise if the individual meets any of the following conditions: (1) Has held or is presently holding a Coast Guard Merchant Marine Deck Officer’s license. (2) Has held or is presently holding a position on a commercial vessel that includes navigational responsibilities. (3) Has held or is presently holding a shoreside position with direct operational control of vessels. (4) Has held or is currently holding a position having responsibilities for permitting or approving the docking of vessels in and around harbor facilities relating to the safe navigation of vessels. (e) The administrator shall appoint a chairperson and vice chairperson for each harbor safety committee from the membership specified in subdivision (c). The administrator may withdraw such appointments at his or her sole discretion. (f) Upon request of the harbor safety committee, the administrator may remove a member. (g) Each member of a harbor safety committee may be reimbursed for actual and necessary expenses incurred in the performance of committee duties. (Amended by Stats. 2004, Ch. 796, Sec. 18. Effective January 1, 2005.)
  52. 8670.23.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Harbor safety committees must prepare and update harbor safety plans, and the administrator must adopt regulations, review plans, and help implement them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.23.1. (a) Each harbor safety committee established pursuant to Section 8670.23 shall be responsible for planning for the safe navigation and operation of tank ships, tank barges, and other vessels within each harbor. Each committee shall prepare a harbor safety plan, encompassing all vessel traffic within the harbor. (b) The administrator shall adopt regulations for harbor safety committee membership positions required in addition to those specified in Section 8670.23 and for harbor safety plans in consultation with the committees of those harbors listed in Section 8670.23, and other affected parties. The regulations shall require that the plan contain a discussion of the competitive aspects of the recommendations of the harbor safety committee. (c) The regulations shall ensure that each harbor safety plan includes all of the following elements: (1) A recommendation determining when tank vessels are required to be accompanied by a tugboat or tugboats, of sufficient size, horsepower, and pull capability while entering, leaving, or navigating in the harbor. The Harbor Safety Committee for San Francisco shall give the highest priority to the continual review and evaluation of tugboat escort regulations. The administrator shall be guided by the recommendations of the harbor safety committee when adopting regulations pursuant to Section 8670.17.2. (2) A review and evaluation of the adequacy of, and any changes needed in, all of the following: (A) Anchorage designations and sounding checks. (B) Communications systems. (C) Small vessel congestion in shipping channels. (D) Placement and effectiveness of navigational aids, channel design plans, and the traffic and routings from port construction and dredging projects. (3) Procedures for routing vessels during emergencies that impact navigation. (4) Bridge management requirements. (5) Suggested mechanisms to ensure that the provisions of the plan are fully and regularly enforced. (d) Each harbor safety plan shall be submitted to the administrator. The administrator shall review and provide comment on the plan for consistency with the regulations. (e) The administrator shall, in consultation with the harbor safety committees listed in Section 8670.23, implement the plans. The administrator shall adopt regulations necessary to implement the plans. When federal authority or action is required to implement a plan, the administrator shall petition the appropriate federal agency or the United States Congress, as may be necessary. (f) On or before July 1 of each year, each harbor safety committee shall revise its respective harbor safety plan and report its findings and recommendations to the administrator. (g) The administrator may direct a harbor safety committee to address any issue affecting maritime safety or security, as appropriate, and to report findings and recommendations on those issues. The administrator shall forward those findings and recommendations to the appropriate authority. (Amended by Stats. 2004, Ch. 796, Sec. 19. Effective January 1, 2005.)
  53. 8670.23.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Harbor safety committee members appointed under Section 8670.23 are entitled to the same rights and immunities as public employees when performing covered duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.23.2. (a) The Legislature hereby finds and declares that because the administrator must rely on the expertise provided by volunteer members of the harbor safety committees and be guided by their recommendations in making decisions that relate to the public safety, members of the harbor safety committees should be entitled to the same immunity from liability provided other public employees. (b) Members of the harbor safety committees appointed pursuant to Section 8670.23, while performing duties required by this article or by the administrator, shall be entitled to the same rights and immunities granted public employees by Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1. Those rights and immunities are deemed to have attached, and shall attach, as of the date of appointment of the member to the harbor safety committee. (Added by Stats. 1995, Ch. 337, Sec. 7. Effective January 1, 1996.)
  54. 8670.24.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must evaluate all pilotage areas in the state and contact pilotage groups, the Coast Guard, and the maritime industry as part of that review.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 3. Marine Safety [8670.16 - 8670.24] ( Article 3 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.24. (a) The administrator shall evaluate all pilotage areas in the state. This evaluation shall include all of the following: (1) The effectiveness of the state licensing program. (2) The policies and procedures for investigating pilot incidents by either the Coast Guard or the State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. (3) The feasibility and desirability of applying a surcharge in addition to other fees for pilotage for the purposes of providing expanded pilot training. (b) The administrator will contact the various pilotage groups, the Coast Guard, and the maritime industry as part of his or her evaluation process. (Amended by Stats. 2004, Ch. 796, Sec. 20. Effective January 1, 2005.)
  55. 8670.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 4. Oil Spill Response [8670.25 - 8670.27] ( Article 4 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    If oil is discharged in California waters, the person responsible must immediately contain, clean up, and remove it; an owner or operator must also follow the applicable approved contingency plan when there is a spill.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 4. Oil Spill Response [8670.25 - 8670.27] ( Article 4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.25. (a) A person who, without regard to intent or negligence, causes or permits any oil to be discharged in or on the waters of the state shall immediately contain, clean up, and remove the oil in the most effective manner that minimizes environmental damage and in accordance with the applicable contingency plans, unless ordered otherwise by the Coast Guard or the administrator. (b) If there is a spill, an owner or operator shall comply with the applicable oil spill contingency plan approved by the administrator. (Amended by Stats. 2014, Ch. 35, Sec. 17. (SB 861) Effective June 20, 2014.)
  56. 8670.25.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 4. Oil Spill Response [8670.25 - 8670.27] ( Article 4 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    People responsible for an oil discharge or threatened discharge in state waters must report it immediately to the Office of Emergency Services, and update the report immediately if the first report was wrong or incomplete or the oil quantity changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 4. Oil Spill Response [8670.25 - 8670.27] ( Article 4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.25.5. (a) (1) Without regard to intent or negligence, any party responsible for the discharge or threatened discharge of oil in waters of the state shall report the discharge immediately to the Office of Emergency Services pursuant to Section 25510 of the Health and Safety Code. (2) If the information initially reported pursuant to paragraph (1) was inaccurate or incomplete, or if the quantity of oil discharged has changed, any party responsible for the discharge or threatened discharge of oil in waters of the state shall report the updated information immediately to the Office of Emergency Services pursuant to paragraph (1). The report shall contain the accurate or complete information, or the revised quantity of oil discharged. (b) Immediately upon receiving notification pursuant to subdivision (a), the Office of Emergency Services shall notify the administrator, the State Lands Commission, the California Coastal Commission, the California regional water quality control board having jurisdiction over the location of the discharged oil, and the appropriate local governmental agencies in the area surrounding the discharged oil, and take the actions required by subdivision (d) of Section 8589.7. If the spill has occurred within the jurisdiction of the San Francisco Bay Conservation and Development Commission, the Office of Emergency Services shall notify that commission. Each public agency specified in this subdivision shall adopt an internal protocol over communications regarding the discharge of oil and file the internal protocol with the Office of Emergency Services. (c) The 24-hour emergency telephone number of the Office of Emergency Services shall be posted at every railroad dispatch, pipeline operator control center, marine terminal, area of control of every other facility, and on the bridge of every tank ship in marine waters. (d) Except as otherwise provided in this section and Section 8589.7, a notification made pursuant to this section shall satisfy any immediate notification requirement contained in any permit issued by a permitting agency. (Amended by Stats. 2016, Ch. 209, Sec. 3. (AB 2912) Effective January 1, 2017.)
  57. 8670.26.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 4. Oil Spill Response [8670.25 - 8670.27] ( Article 4 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    A local or state agency responding to an oil spill must notify the Office of Emergency Services if the required notification has not already been made under the listed procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 4. Oil Spill Response [8670.25 - 8670.27] ( Article 4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.26. Any local or state agency responding to an oil spill shall notify the Office of Emergency Services, if notification is required under Section 8670.25.5, Section 13272 of the Water Code, or any other notification procedure adopted in the California oil spill contingency plan has not occurred. (Amended by Stats. 2014, Ch. 35, Sec. 19. (SB 861) Effective June 20, 2014.)
  58. 8670.27.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 4. Oil Spill Response [8670.25 - 8670.27] ( Article 4 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Certain oil spill parties, agencies, and vessel operators must carry out response and cleanup work according to the applicable contingency or response plan, unless directed otherwise by specified authorities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 4. Oil Spill Response [8670.25 - 8670.27] ( Article 4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.27. (a) (1) All potentially responsible parties for an oil spill and all of their agents and employees and all state and local agencies shall carry out response and cleanup operations in accordance with the applicable contingency plan, unless directed otherwise by the administrator, the United States Coast Guard, or the United States Environmental Protection Agency. (2) Except as provided in subdivision (b), the responsible party, potentially responsible parties, their agents and employees, the operators of all vessels docked at a marine facility that is the source of a discharge, and all state and local agencies shall carry out spill response consistent with the California oil spill contingency plan or other applicable federal, state, or local spill response plans, and owners and operators shall carry out spill response consistent with their applicable response contingency plans, unless directed otherwise by the administrator, the United States Coast Guard, or the United States Environmental Protection Agency. (b) If a responsible party or potentially responsible party reasonably, and in good faith, believes that the directions or orders given by the administrator pursuant to subdivision (a) will substantially endanger the public safety or the environment, the party may refuse to act in compliance with the orders or directions of the administrator. The responsible party or potentially responsible party shall state, at the time of the refusal, the reasons why the party refuses to follow the orders or directions of the administrator. The responsible party or potentially responsible party shall give the administrator written notice of the reasons for the refusal within 48 hours of refusing to follow the orders or directions of the administrator. In any civil or criminal proceeding commenced pursuant to this section, the burden of proof shall be on the responsible party or potentially responsible party to demonstrate, by clear and convincing evidence, why the refusal to follow the orders or directions of the administrator was justified under the circumstances. (Amended by Stats. 2016, Ch. 209, Sec. 4. (AB 2912) Effective January 1, 2017.)
  59. 8670.28.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must adopt and implement oil spill contingency plan regulations, and those regulations must meet listed minimum standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.28. (a) The administrator, taking into consideration the facility or vessel contingency plan requirements of the State Lands Commission, the Office of the State Fire Marshal, the California Coastal Commission, and other state and federal agencies, shall adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented under this article. All regulations shall be developed in consultation with the Oil Spill Technical Advisory Committee, and shall be consistent with the California oil spill contingency plan and not in conflict with the National Contingency Plan. The regulations shall provide for the best achievable protection of the waters and natural resources of the state. The regulations shall permit the development, application, and use of an oil spill contingency plan for similar vessels, pipelines, terminals, and facilities within a single company or organization, and across companies and organizations. The regulations shall, at a minimum, ensure all of the following: (1) All areas of state waters are at all times protected by prevention, response, containment, and cleanup equipment and operations. (2) Standards set for response, containment, and cleanup equipment and operations are maintained and regularly improved to protect the resources of the state. (3) All appropriate personnel employed by operators required to have a contingency plan receive training in oil spill response and cleanup equipment usage and operations. (4) Each oil spill contingency plan provides for appropriate financial or contractual arrangements for all necessary equipment and services for the response, containment, and cleanup of a reasonable worst case oil spill scenario for each area the plan addresses. (5) Each oil spill contingency plan demonstrates that all protection measures are being taken to reduce the possibility of an oil spill occurring as a result of the operation of the facility or vessel. The protection measures shall include, but not be limited to, response to disabled vessels and identification of those measures taken to comply with requirements of Division 7.8 (commencing with Section 8750) of the Public Resources Code. (6) Each oil spill contingency plan identifies the types of equipment that can be used, the location of the equipment, and the time taken to deliver the equipment. (7) Each facility, as determined by the administrator, conducts a hazard and operability study to identify the hazards associated with the operation of the facility, including the use of the facility by vessels, due to operating error, equipment failure, and external events. For the hazards identified in the hazard and operability studies, the facility shall conduct an offsite consequence analysis that, for the most likely hazards, assumes pessimistic water and air dispersion and other adverse environmental conditions. (8) Each oil spill contingency plan contains a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. (9) Each oil spill contingency plan identifies the measures to be taken to protect the recreational and environmentally sensitive areas that would be threatened by a reasonable worst case oil spill scenario. (10) (A) Standards for determining a reasonable worst case oil spill. (B) Commencing January 15, 2027, and at least once every 10 years thereafter, in order to increase public participation, the administrator shall solicit public input regarding the appropriateness of the reasonable worst case spill volumes for facilities. Based on this feedback, the administrator shall review and, as appropriate, revise the criteria and formulas for calculating reasonable worst case spill volumes to reflect the best available information. If revisions are appropriate, the administrator shall initiate a rulemaking action pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3), which includes a public notice and comment process. (C) Notwithstanding subparagraphs (A) and (B), for a nontank vessel, the reasonable worst case is a spill of the total volume of the largest fuel tank on the nontank vessel. (11) Each oil spill contingency plan specifies an agent for service of process. The agent shall be located in this state. (12) The review and potential subsequent rulemaking action pursuant to paragraph (10) shall be combined with and be used to inform the review and potential subsequent rulemaking action pursuant to paragraph (3) of subdivision (d) of Section 8670.37.51, related to financial responsibility. (b) The regulations and guidelines adopted pursuant to this section shall also include provisions to provide for public review and comment on submitted oil spill contingency plans. (c) The regulations adopted pursuant to this section shall specifically address the types of equipment that will be necessary, the maximum time that will be allowed for deployment, the maximum distance to cooperating response entities, the amounts of dispersant, and the maximum time required for application should the use of dispersants be approved. Upon a determination by the administrator that booming is appropriate at the site and necessary to provide best achievable protection, the regulations shall require that vessels engaged in lightering operations be boomed prior to the commencement of operations. (d) The administrator shall adopt regulations and guidelines for oil spill contingency plans with regard to mobile transfer units, small marine fueling facilities, and vessels carrying oil as secondary cargo that acknowledge the reduced risk of damage from oil spills from those units, facilities, and vessels while maintaining the best achievable protection for the public health and safety and the environment. (Amended by Stats. 2025, Ch. 118, Sec. 2. (SB 237) Effective January 1, 2026.)
  60. 8670.28.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    An operator must keep a level of readiness that allows effective implementation of the applicable contingency plans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.28.5. An operator shall maintain a level of readiness that will allow effective implementation of the applicable contingency plans. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  61. 8670.29.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Certain oil-related facility and vessel operators must have an approved oil spill contingency plan and keep it updated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.29. (a) In accordance with the rules, regulations, and policies established by the administrator pursuant to Section 8670.28, an owner or operator of a facility, small marine fueling facility, or mobile transfer unit, or an owner or operator of a tank vessel, nontank vessel, or vessel carrying oil as secondary cargo, while operating in the waters of the state or where a spill could impact waters of the state, shall have an oil spill contingency plan that has been submitted to, and approved by, the administrator pursuant to Section 8670.31. An oil spill contingency plan shall ensure the undertaking of prompt and adequate response and removal action in case of a spill, shall be consistent with the California oil spill contingency plan, and shall not conflict with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). (b) An oil spill contingency plan shall, at a minimum, meet all of the following requirements: (1) Be a written document, reviewed for feasibility and executability, and signed by the owner or operator, or their designee. (2) Provide for the use of a recognized incident command system to be used during a spill. (3) Provide procedures for reporting oil spills to local, state, and federal agencies, and include a list of contacts to call in the event of a drill, exercise, threatened spill, or spill. (4) Describe the communication plans to be used during a spill, if different from those used by a recognized incident command system. (5) Describe the strategies for the protection of environmentally sensitive areas. (6) (A) Identify at least one rated OSRO, rated pursuant to Section 8670.30. Each identified rated OSRO shall be directly responsible by contract, agreement, or other approved means to provide oil spill response activities pursuant to the oil spill contingency plan. A rated OSRO may provide spill response activities individually, or in combination with another rated OSRO, for a particular owner or operator. (B) Commencing January 1, 2023, if nonfloating oil is handled or transported, the contingency plan shall identify at least one OSRO rated for nonfloating oil spill response pursuant to Section 8670.30. (C) For purposes of this paragraph, “other approved means” includes the owner or operator relying on its own response equipment and personnel if the response equipment and personnel have been rated by the administrator consistent with the requirements of Section 8670.30. (7) Identify a qualified individual. (8) (A) Identify at least one certified spill management team, certified pursuant to Section 8670.32, that is capable of managing a spill of the reasonable worst case spill volume identified in the plan. An owner or operator may demonstrate incident management capabilities with one or more spill management teams. Each identified certified spill management team shall be directly responsible by contract, agreement, or other approved means to provide spill response activities pursuant to the oil spill contingency plan. (B) For purposes of this paragraph, “other approved means” includes the owner or operator relying on its own spill management team if that spill management team has been certified by the administrator consistent with the requirements of Section 8670.32. (9) Provide the name, address, and telephone and facsimile numbers for an agent for service of process, located within the state and designated to receive legal documents on behalf of the owner or operator. (10) Provide for training, drills, and exercises on elements of the plan at least annually, with all elements of the plan subject to a drill or exercise at least once every three years. (c) An oil spill contingency plan for a vessel shall also include, but is not limited to, all of the following requirements: (1) The plan shall be submitted to the administrator at least seven days prior to the vessel entering waters of the state. (2) The plan shall provide evidence of compliance with the International Safety Management Code, established by the International Maritime Organization, as applicable. (3) If the oil spill contingency plan is for a tank vessel, the plan shall include both of the following: (A) The plan shall specify oil and petroleum cargo capacity. (B) The plan shall specify the types of oil and petroleum cargo carried. (4) If the oil spill contingency plan is for a nontank vessel, the plan shall include both of the following: (A) The plan shall specify the type and total amount of fuel carried. (B) The plan shall specify the capacity of the largest fuel tank. (d) An oil spill contingency plan for a facility shall also include, but is not limited to, all of the following provisions, as appropriate: (1) Provisions for site security and control. (2) Provisions for emergency medical treatment and first aid. (3) Provisions for safety training, as required by state and federal safety laws for all personnel likely to be engaged in oil spill response. (4) Provisions detailing site layout and locations of environmentally sensitive areas requiring special protection. (5) Provisions for vessels that are in the operational control of the facility for loading and unloading. (e) Unless preempted by federal law or regulations, an oil spill contingency plan for a railroad also shall include, but is not limited to, all of the following: (1) A list of the types of train cars that may make up the consist. (2) A list of the types of oil and petroleum products that may be transported. (3) A map of track routes and facilities. (4) A list, description, and map of any prestaged spill response equipment and personnel for deployment of the equipment. (f) The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review. (g) The oil spill contingency plan shall be reviewed periodically and updated as necessary. All updates shall be submitted to the administrator pursuant to this article. (h) In addition to the regulations adopted pursuant to Section 8670.28, the administrator shall adopt regulations and guidelines to implement this section. The regulations and guidelines shall provide for the best achievable protection of waters and natural resources of the state. The administrator may establish additional oil spill contingency plan requirements, including, but not limited to, requirements based on the different geographic regions of the state. All regulations and guidelines shall be developed in consultation with the Oil Spill Technical Advisory Committee. (i) Notwithstanding subdivision (a) and paragraph (6) of subdivision (b), a vessel or facility operating where a spill could impact state waters that are not tidally influenced shall identify a rated OSRO in the contingency plan no later than January 1, 2016. (Amended by Stats. 2019, Ch. 770, Sec. 5. (AB 936) Effective January 1, 2020.)
  62. 8670.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section defines key terms for oil spill response rules and gives the administrator power to identify best achievable protection and technology, with limits on how that judgment is made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.3. Unless the context requires otherwise, the following definitions shall govern the construction of this chapter: (a) “Administrator” means the administrator for oil spill response appointed by the Governor pursuant to Section 8670.4. (b) (1) “Best achievable protection” means the highest level of protection that can be achieved through both the use of the best achievable technology and those manpower levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The administrator’s determination of which measures provide the best achievable protection shall be guided by the critical need to protect valuable natural resources and state waters, while also considering all of the following: (A) The protection provided by the measure. (B) The technological achievability of the measure. (C) The cost of the measure. (2) The administrator shall not use a cost-benefit or cost-effectiveness analysis or any particular method of analysis in determining which measures provide the best achievable protection. The administrator shall instead, when determining which measures provide best achievable protection, give reasonable consideration to the protection provided by the measures, the technological achievability of the measures, and the cost of the measures when establishing the requirements to provide the best achievable protection for the natural resources of the state. (c) (1) “Best achievable technology” means that technology that provides the greatest degree of protection, taking into consideration both of the following: (A) Processes that are being developed, or could feasibly be developed anywhere in the world, given overall reasonable expenditures on research and development. (B) Processes that are currently in use anywhere in the world. (2) In determining what is the best achievable technology pursuant to this chapter, the administrator shall consider the effectiveness and engineering feasibility of the technology. (d) “California 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. (e) “Dedicated response resources” means equipment and personnel committed solely to oil spill response, containment, and cleanup that are not used for any other activity that would adversely affect the ability of that equipment and personnel to provide oil spill response services in the timeframes for which the equipment and personnel are rated. (f) “Environmentally sensitive area” means an area defined pursuant to the applicable area contingency plans or geographic response plans, as created and revised by the Coast Guard, the United States Environmental Protection Agency, and the administrator. (g) (1) “Facility” means any of the following located in state waters or located where an oil spill may impact state waters: (A) A building, structure, installation, or equipment used in oil exploration, oil well drilling operations, oil production, oil refining, oil storage, oil gathering, oil processing, oil transfer, oil distribution, or oil transportation. (B) A marine terminal. (C) A pipeline that transports oil. (D) A railroad that transports oil as cargo. (E) A drill ship, semisubmersible drilling platform, jack-up type drilling rig, or any other floating or temporary drilling platform. (F) A renewable fuel production facility. (G) A renewable fuel receiving facility. (2) “Facility” does not include any of the following: (A) A vessel, except a vessel located and used for any purpose described in subparagraph (E) of paragraph (1). (B) An owner or operator 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. (C) Operations on a farm, nursery, logging site, or construction site that are either of the following: (i) Do not exceed 20,000 gallons in a single storage tank. (ii) Have a useable tank storage capacity not exceeding 75,000 gallons. (D) A small craft refueling dock. (h) “Local government” means a chartered or general law city, a chartered or general law county, or a city and county. (i) (1) “Marine terminal” means any facility used for transferring oil to or from a tank ship or tank barge. (2) “Marine terminal” includes, for purposes of this chapter, all piping not integrally connected to a tank facility, as defined in subdivision (n) of Section 25270.2 of the Health and Safety Code. (j) “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. (k) “Mobile transfer unit” means a vehicle, truck, or trailer, including all connecting hoses and piping, used for the transferring of oil at a location where a discharge could impact waters of the state. (l) “Nondedicated response resources” means those response resources identified by an Oil Spill Response Organization for oil spill response activities that are not dedicated response resources. (m) “Nonfloating oil” means a Group V oil, as defined in Section 155.1020 of Title 33 of the Code of Federal Regulations, including any Group V oil that is diluted with a diluent for transport. The administrator may define additional types of oil as nonfloating oil upon a finding that those types of oil are more likely to sink rapidly due to their composition. (n) “Nonpersistent oil” means a petroleum-based oil, such as gasoline or jet fuel, that evaporates relatively quickly and is an oil with hydrocarbon fractions, at least 50 percent of which, by volume, distills at a temperature of 645 degrees Fahrenheit, and at least 95 percent of which, by volume, distills at a temperature of 700 degrees Fahrenheit. (o) “Nontank vessel” means a vessel of 300 gross tons or greater that carries oil, but does not carry that oil as cargo. (p) “Oil” means either of the following: (1) Any kind of petroleum, liquid hydrocarbons, or petroleum products or any fraction or residues therefrom, including, but not limited to, crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas. (2) Renewable fuel. (q) “Oil spill cleanup agent” means a chemical, or any other substance, used for removing, dispersing, or otherwise cleaning up oil or any residual products of petroleum in, or on, any of the waters of the state. (r) “Oil spill contingency plan” or “contingency plan” means the oil spill contingency plan required pursuant to Article 5 (commencing with Section 8670.28). (s) (1) “Oil spill response organization” or “OSRO” means an individual, organization, association, cooperative, or other entity that provides, or intends to provide, equipment, personnel, supplies, or other services directly related to oil spill containment, cleanup, or removal activities. (2) “OSRO” does not include an owner or operator with an oil spill contingency plan approved by the administrator or an entity that only provides spill management services, or who provides services or equipment that are only ancillary to containment, cleanup, or removal activities. (t) (1) “Owner” or “operator” means any of the following: (A) In the case of a vessel, a person who owns, has an ownership interest in, operates, charters by demise, or leases the vessel. (B) In the case of a facility, a person who owns, has an ownership interest in, or operates the facility. (C) Except as provided in subparagraph (D), in the case of a vessel or facility, where title or control was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to an entity of state or local government, a person who owned, held an ownership interest in, operated, or otherwise controlled activities concerning the vessel or facility immediately beforehand. (D) An entity of the state or local government that acquired ownership or control of a vessel or facility, when the entity of the state or local government has caused or contributed to a spill or discharge of oil into waters of the state. (2) “Owner” or “operator” does not include a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect the person’s security interest in the vessel or facility. (3) “Operator” does not include a person who owns the land underlying a facility or the facility itself if the person is not involved in the operations of the facility. (u) “Person” means an individual, trust, firm, joint stock company, or corporation, including, but not limited to, a government corporation, partnership, and association. “Person” also includes a 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. (v) “Pipeline” means a pipeline used at any time to transport oil. (w) “Railroad” means a railroad, railway, rail car, rolling stock, or train. (x) “Rated OSRO” means an OSRO that has received a satisfactory rating from the administrator pursuant to Section 8670.30. (y) “Renewable fuel” means any liquid produced from nonpetroleum renewable resources that is used or useable as a fuel, or such liquid that may be blended with other types of fuels. Renewable fuel includes fuels that may contain up to 5 percent petroleum products. (z) “Renewable fuel production facility” means a facility that produces renewable fuel for blending or shipment. (aa) “Renewable fuel receiving facility” means a facility that is the first point of receipt of renewable fuel in the state that originated from outside the state, that receives renewable fuel delivered by railroad tank car, tank truck, pipeline, or vessel. A renewable fuel receiving facility may include, but is not limited to, a refinery, a marine terminal, a rail tank car to tank truck transfer facility, or other storage and distribution facility. (ab) “Response efforts” means rendering care, assistance, or advice in accordance with the National Contingency Plan, the California oil spill contingency plan, or at the direction of the administrator, the United States Environmental Protection Agency, or the United States Coast Guard in response to a spill or a threatened spill into waters of the state. (ac) “Responsible party” or “party responsible” means any of the following: (1) The owner or transporter of oil or a person or entity accepting responsibility for the oil. (2) The owner, operator, or lessee of, or a person that charters by demise, a vessel or facility, or a person or entity accepting responsibility for the vessel or facility. (ad) “Small craft” means a vessel, other than a tank ship or tank barge, that is less than 20 meters in length. (ae) “Small craft refueling dock” means a waterside operation that dispenses only nonpersistent oil in bulk and small amounts of persistent lubrication oil in containers primarily to small craft and meets both of the following criteria: (1) Has tank storage capacity not exceeding 20,000 gallons in any single storage tank or tank compartment. (2) Has total usable tank storage capacity not exceeding 75,000 gallons. (af) “Small marine fueling facility” means either of the following: (1) A mobile transfer unit. (2) A fixed facility that is not a marine terminal, that dispenses primarily nonpersistent oil, that may dispense small amounts of persistent oil, primarily to small craft, and that meets all of the following criteria: (A) Has tank storage capacity greater than 20,000 gallons but not more than 40,000 gallons in any single storage tank or storage tank compartment. (B) Has total usable tank storage capacity not exceeding 75,000 gallons. (C) Had an annual throughput volume of over-the-water transfers of oil that did not exceed 3,000,000 gallons during the most recent preceding 12-month period. (ag) “Spill,” “discharge,” or “oil spill” means a release of any amount of oil into waters of the state that is not authorized by a federal, state, or local government entity. (ah) “Spill management team” means personnel and associated equipment that staff the organizational structure for managing some or all aspects of response, containment, and cleanup of a spill, utilizing an incident command or unified command structure. (ai) “Tank barge” means a vessel that carries oil in commercial quantities as cargo but is not equipped with a means of self-propulsion. (aj) “Tank ship” means a self-propelled vessel that is constructed or adapted for the carriage of oil in bulk or in commercial quantities as cargo. (ak) “Tank vessel” means a tank ship or tank barge. (al) “Vessel” means a watercraft or ship of any kind, including every structure adapted to be navigated from place to place for the transportation of merchandise or persons. (am) “Vessel carrying oil as secondary cargo” means a vessel that does not carry oil as a primary cargo, but does carry oil as cargo. The administrator may establish minimum oil volume amounts or other criteria by regulations. (an) “Waters of the state” or “state waters” means any surface water, including saline waters, marine waters, and freshwaters, within the boundaries of the state but does not include groundwater. (Amended by Stats. 2021, Ch. 115, Sec. 12. (AB 148) Effective July 22, 2021.)
  63. 8670.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    OSROs may apply for a rating, but the administrator controls rating criteria, drills, renewals, and related fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.30. (a) An oil spill response organization may apply to the administrator for a rating of that OSRO’s response capabilities. The administrator shall establish rating levels for classifying OSROs pursuant to subdivision (b). (b) (1) Upon receiving a completed application for rating, the administrator shall review the application and rate the OSRO based on the OSRO’s satisfactory compliance with criteria established by the administrator, which shall include, but is not limited to, all of the following elements: (A) The geographic region or regions of the state where the OSRO intends to operate. (B) Timeframes for having response resources on-scene and deployed. (C) The type of equipment that the OSRO will use and the location of the stored equipment. (D) The volume of oil that the OSRO is capable of recovering and containing. (2) On or before January 1, 2023, the administrator shall revise criteria for rating OSROs determined by the administrator to be capable of addressing nonfloating oil spills so that the criteria are at least as protective as the nonfloating oil classification in the United States Coast Guard’s OSRO Guidelines, as those guidelines read on January 1, 2019, and that those OSROs are required to be capable of providing equipment on the scene of an oil spill within an amount of time determined by the administrator to be consistent with achievement of best achievable protection for nonfloating oil. (c) The administrator shall not issue a rating until the applicant OSRO completes an unannounced drill. The administrator may call a drill for every distinct geographic area in which the OSRO requests a rating. The drill shall test the resources and response capabilities of the OSRO, including, but not limited to, on water containment and recovery, environmentally sensitive habitat protection, and storage. If an OSRO fails to successfully complete a drill, the administrator shall not issue the requested rating, but the administrator may rate the OSRO at a rating lesser than the rating sought with the application. If an OSRO is denied a requested rating, the OSRO may reapply for rating. (d) A rating issued pursuant to this section shall be valid for three years unless modified, suspended, or revoked. The administrator shall review the rating of each rated OSRO at least once every three years. The administrator shall not renew a rating unless the OSRO meets criteria established by the administrator, including, at a minimum, that the rated OSRO periodically tests and drills itself, including testing protection of environmentally sensitive sites, during the three-year period. (e) The administrator shall require a rated OSRO to demonstrate that the rated OSRO can deploy the response resources required to meet the applicable provisions of an oil spill contingency plan in which the OSRO is listed. These demonstrations may be achieved through inspections, announced and unannounced drills, or by any other means. (f) (1) Except as provided in paragraph (6), each rated OSRO shall satisfactorily complete at least one unannounced drill every three years after receiving its rating. (2) The administrator may modify, suspend, or revoke an OSRO’s rating if a rated OSRO fails to satisfactorily complete a drill. (3) The administrator may require the satisfactory completion of one unannounced drill of each rated OSRO prior to being granted a modified rating, and shall require satisfactory completion of one unannounced drill for each rated OSRO prior to being granted a renewal or prior to reinstatement of a revoked or suspended rating. (4) A drill for the protection of environmentally sensitive areas shall conform as close as possible to the response that would occur during a spill but sensitive sites shall not be damaged during the drill. (5) The response resources to be deployed by a rated OSRO within the first six hours of a spill or drill shall be dedicated response resources or be owned and controlled by a rated OSRO that are sufficient to meet the spill response planning requirements of the OSRO’s client owner or operator. This requirement does not preclude a rated OSRO from bringing in additional response resources. The administrator may, by regulation, permit a lesser requirement for dedicated or OSRO owned and controlled response resources for shoreline protection. (6) The administrator may determine that actual satisfactory spill response performance during the previous three years may be substituted in lieu of a drill. (7) The administrator shall issue a written report evaluating the performance of the OSRO after every unannounced drill called by the administrator. (8) The administrator shall determine whether an unannounced drill called upon an OSRO by a federal agency during the previous three years qualifies as an unannounced drill for the purposes of this subdivision. (g) Each rated OSRO shall provide reasonable notice to the administrator about each future drill, and the administrator, or the administrator’s designee, may attend the drill. (h) The costs incurred by an OSRO to comply with this section and the regulations adopted pursuant to this section, including drills called by the administrator, shall be the responsibility of the OSRO. All local, state, and federal agency costs incurred in conjunction with participation in a drill shall be borne by each respective agency. (i) (1) A rating awarded pursuant to this section is personal and applies only to the OSRO that receives that rating and the rating is not transferable, assignable, or assumable. A rating does not constitute a possessory interest in real or personal property. (2) If there is a change in ownership or control of the OSRO, the rating of that OSRO is null and void and the OSRO shall file a new application for a rating pursuant to this section. (3) For purposes of this subdivision, a “change in ownership or control” includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity. (j) The administrator may charge a reasonable fee to process an application for, or renewal of, a rating. (k) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall appropriately address all of the following: (1) Criteria for successful completion of a drill. (2) The amount and type of response resources that are required to be available to respond to a particular volume and type of spilled oil during specific timeframes within a particular region. (3) Regional requirements. (4) Training. (5) The process for applying for a rating, and for suspension, revocation, appeal, or other modification of a rating. (6) Ownership and employment of response resources. (7) Conditions for canceling a drill due to hazardous or other operational circumstances. (l) Any letter of approval issued from the administrator before January 1, 2002, that rates an OSRO shall be deemed to meet the requirements of this section for three years from the date of the letter’s issuance or until January 1, 2003, whichever date occurs later. (Amended by Stats. 2019, Ch. 770, Sec. 6. (AB 936) Effective January 1, 2020.)
  64. 8670.30.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator may review approved oil spill contingency plans. If a plan is found deficient, it must be returned to the operator with written reasons, and the operator must submit a new or modified plan within 30 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.30.5. (a) The administrator may review each oil spill contingency plan that has been approved pursuant to Section 8670.29 to determine whether it complies with Sections 8670.28 and 8670.29. (b) If the administrator finds the approved oil spill contingency plan is deficient, the plan shall be returned to the operator with written reasons why the approved plan was found inadequate and, if practicable, suggested modifications or alternatives. The operator shall submit a new or modified plan within 30 days that responds to the deficiencies identified by the administrator. (Amended by Stats. 2014, Ch. 35, Sec. 23. (SB 861) Effective June 20, 2014.)
  65. 8670.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Oil spill contingency plans must be submitted to the administrator for review and approval, and approved plans must be resubmitted every five years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.31. (a) Each oil spill contingency plan required under this article shall be submitted to the administrator for review and approval. (b) The administrator shall review each submitted contingency plan to determine whether it complies with the administrator’s rules, policies, and regulations adopted pursuant to Sections 8670.28 and 8670.29. The administrator may issue a preliminary approval pending final approval or disapproval. (c) Each contingency plan submitted shall be approved or disapproved within 30 days after receipt by the administrator. The administrator may approve or disapprove portions of a plan. A plan is not deemed approved until all portions are approved pursuant to this section. The disapproved portion shall be subject to the procedures contained in subdivision (d). (d) If the administrator finds the submitted contingency plan is inadequate under the rules, policies, and regulations of the administrator, the plan shall be returned to the submitter with written reasons why the plan was found inadequate and, if practicable, suggested modifications or alternatives, if appropriate. The submitter shall submit a new or modified plan within 30 days after the earlier plan was returned, responding to the findings and incorporating any suggested modifications. The resubmittal shall be treated as a new submittal and processed according to the provisions of this section, except that the resubmitted plan shall be deemed approved unless the administrator acts pursuant to subdivision (c). (e) The administrator may make inspections and require drills of any oil spill contingency plan that is submitted. (f) After the plan has been approved, it shall be resubmitted every five years thereafter. The administrator may require earlier or more frequent resubmission, if warranted. Circumstances that would require an earlier resubmission include, but are not limited to, changes in regulations, new oil spill response technologies, deficiencies identified in the evaluation conducted pursuant to Section 8670.19, or a need for a different oil spill response because of increased need to protect endangered species habitat. The administrator may deny approval of the resubmitted plan if it is no longer considered adequate according to the adopted rules, regulations, and policies of the administrator at the time of resubmission. (g) Each owner or operator of a tank vessel, nontank vessel, vessel carrying oil as a secondary cargo, or facility who is required to file an oil spill response plan or update pursuant to provisions of federal law regulating oil spill response plans shall submit, for informational purposes only and upon request of the administrator, a copy of that plan or update to the administrator at the time that it is approved by the relevant federal agency. (Amended by Stats. 2016, Ch. 209, Sec. 6. (AB 2912) Effective January 1, 2017.)
  66. 8670.32.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    An SMT may apply for certification, and the administrator must set criteria, review applications, and certify only after observing performance in an actual spill or exercise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.32. (a) A spill management team (SMT) may apply to the administrator for a certification of that SMT’s response capabilities. The administrator shall establish criteria for certifying SMTs based on an SMT’s capacity to respond to spills and manage spills effectively pursuant to this section. (b) Upon receiving a completed application for certification, the administrator shall review the application and certify the SMT based on the SMT’s satisfactory compliance with criteria established by the administrator. (c) The administrator shall not issue a certification until the applicant SMT’s performance has been observed during an actual spill or exercise in California. The administrator may call an exercise to test the resources and response capabilities of the SMT before approval of the application. (d) A certification issued pursuant to this section shall be valid for three years unless suspended or revoked. The administrator shall review the certification of each certified SMT at least once every three years. The administrator shall not renew a certification unless the SMT meets criteria established by the administrator. (e) (1) The administrator shall periodically require a certified SMT to demonstrate that the SMT can meet the applicable provisions of an oil spill contingency plan in which the SMT is listed. These demonstrations may be achieved through inspections, announced and unannounced exercises, or by any other means. SMT exercises, to the extent practical, should be combined with other relevant exercises. (2) The administrator may modify, suspend, or revoke an SMT’s certification if the SMT does not satisfactorily complete an exercise or does not have a satisfactory performance at a spill. (3) The administrator may determine that satisfactory performance at a spill during the three-year certification period may be substituted in lieu of an exercise. (f) Each certified SMT shall provide reasonable notice to the administrator of each exercise in which the SMT intends to participate, and the administrator may attend the exercise. (g) The costs incurred by an SMT to comply with this section and the regulations adopted pursuant to this section, including exercises called by the administrator, shall be the responsibility of the SMT. All local, state, and federal agency costs incurred in conjunction with participation in an exercise shall be borne by each respective agency. (h) (1) A certification issued pursuant to this section pertains only to the SMT that applied for and received that certification, and the certification is not transferable, assignable, or assumable. A certification does not constitute a possessory interest in real or personal property. (2) If there is a change in ownership or control of the SMT, the certification of that SMT is null and void and the SMT shall file a new application for a certification pursuant to this section. (3) For purposes of this subdivision, a “change in ownership or control” includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity. (i) The administrator may charge a reasonable fee to process an application for, or renewal of, a certification. (j) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall address all of the following: (1) Criteria for certification of SMTs, including, but not limited to, all of the following: (A) The geographic regions of the state where the SMT intends to provide spill management services. (B) The number of people and equipment that the SMT would provide to support managing the response to a spill. (C) Timeframes for having personnel on scene. (2) Criteria for successful completion of SMT objectives at an exercise. (3) Training. (4) The process for applying for a certification, and for suspension, revocation, appeal, or other modification of a certification. (Amended by Stats. 2018, Ch. 92, Sec. 91. (SB 1289) Effective January 1, 2019.)
  67. 8670.33.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator may approve entry of a tank ship or tank barge into state waters under certain conditions, and operators must follow the required operating rules while the vessel is in those waters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.33. (a) If the operator of a tank ship or tank barge for which a contingency plan has not been approved desires to have the tank ship or tank barge enter waters of the state, the administrator may give approval by telephone or facsimile machine for the entry of the tank ship or tank barge into waters of the state under an approved contingency plan applicable to a terminal or tank ship, if all of the following are met: (1) The terminal or tank ship is the destination of the tank ship or tank barge. (2) The operator of the terminal or the tank ship provides the administrator advance written assurance that the operator assumes all responsibility for the operations of the tank ship or tank barge while it is in waters of the state traveling to or from the terminal. The assurance may be delivered by hand or by mail or may be sent by facsimile machine, followed by delivery of the original. (3) The approved terminal or tank ship contingency plan includes all conditions the administrator requires for the operations of tank ship or tank barges traveling to and from the terminal. (4) The tank ship or tank barge and its operations meet all requirements of the contingency plan for the tank ship or terminal that is the destination of the tank ship or tank barge. (5) The tank ship or tank barge without an approved contingency plan has not entered waters of the state more than once in the 12-month period preceding the request made under this section. (b) At all times that a tank ship or tank barge is in waters of the state pursuant to subdivision (a), its operators and all their agents and employees shall operate the vessel in accordance with the applicable operations manual or, if there is an oil spill, in accordance with the directions of the administrator and the applicable contingency plan. (Amended by Stats. 2014, Ch. 35, Sec. 26. (SB 861) Effective June 20, 2014.)
  68. 8670.34.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section limits when certain vessels may stay in or enter state waters, and it requires them to follow administrator directions, restrict oil transfers, and leave as soon as it is safe unless a contingency plan applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.34. This article shall not apply to any tank vessel, nontank vessel, or vessel carrying oil as a secondary cargo that enters waters of the state because of imminent danger to the lives of crew members or if entering waters of the state will substantially aid in preventing an oil spill or other harm to public safety or the environment, if the operators of the tank vessel, nontank vessel, or vessel carrying oil as a secondary cargo comply with all of the following: (a) The operators or crew of the tank vessel, nontank vessel, or vessel carrying oil as a secondary cargo comply at all times with all orders and directions given by the administrator, or his or her designee, while the tank vessel, nontank vessel, or vessel carrying oil as a secondary cargo is in waters of the state, unless the orders or directions are contradicted by orders or directions of the Coast Guard. (b) Except for fuel, oil may be transferred to or from the tank vessel, nontank vessel, or vessel carrying oil as a secondary cargo while it is in waters of the state only if permission is obtained for the transfer of oil and one of the following conditions is met: (1) The transfer is necessary for the safety of the crew. (2) The transfer is necessary to prevent harm to public safety or the environment. (3) An oil spill contingency plan is approved or made applicable to the tank vessel, nontank vessel, or vessel carrying oil as a secondary cargo, under subdivision (c). (c) The tank vessel, nontank vessel, or vessel carrying oil as a secondary cargo shall leave the waters of the state as soon as it may do so without imminent risk of harm to the crew, public safety, or the environment, unless an oil spill contingency plan is approved or made applicable to it under this article. (Amended by Stats. 2014, Ch. 35, Sec. 27. (SB 861) Effective June 20, 2014.)
  69. 8670.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must issue regulations on the adequacy of oil spill elements in area plans and consult the Oil Spill Technical Advisory Committee while doing so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.35. (a) The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill elements of area plans required pursuant to Section 25503 of the Health and Safety Code. In developing the regulations, the administrator shall consult with the Oil Spill Technical Advisory Committee. (b) The administrator may offer, to a unified program agency or a federally recognized tribe with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan. (c) Each oil spill element established under this section shall include provisions for training fire and police personnel in oil spill response and cleanup equipment use and operations. (d) Each oil spill element prepared under this section shall be consistent with the local government’s local coastal program as certified under Section 30500 of the Public Resources Code, the California oil spill contingency plan, the National Contingency Plan, and the area contingency plan. (e) If a grant is awarded, the administrator shall review and approve each oil spill element established pursuant to this section. If, upon review, the administrator determines that the oil spill element is inadequate, the administrator shall return it to the unified program agency or federally recognized tribe that prepared it, specifying the nature and extent of the inadequacies, and, if practicable, suggesting modifications. The unified program agency or federally recognized tribe shall submit a new or modified element within 90 days after the element was returned, responding to the findings and incorporating any suggested modifications. (f) The administrator shall review the preparedness of unified program agencies or federally recognized tribes to determine whether a program of grants for completing oil spill elements is desirable and should be continued. If the administrator determines that local government or tribal preparedness should be improved, the administrator shall request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund for the purposes of this section. (Amended by Stats. 2025, Ch. 237, Sec. 3. (SB 839) Effective January 1, 2026.)
  70. 8670.36.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must post notice of a contingency plan within five working days after receiving it, and send a copy within two working days if the Oil Spill Technical Advisory Committee requests one.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.36. The administrator shall, within five working days after receipt of a contingency plan prepared pursuant to Section 8670.28 or 8670.35, post a notice that the plan is available for review. The administrator shall send a copy of the plan within two working days after receiving a request from the Oil Spill Technical Advisory Committee. The State Lands Commission and the California Coastal Commission shall review the plans for facilities or local governments within the coastal zone. The San Francisco Bay Conservation and Development Commission shall review the plans for facilities or local governments within the area described in Sections 66610 and 29101 of the Public Resources Code. Any state agency or committee that comments shall submit its comments to the administrator within 15 days of receipt of the plan. The administrator shall consider all comments. (Amended by Stats. 2014, Ch. 35, Sec. 29. (SB 861) Effective June 20, 2014.)
  71. 8670.36.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must create an outreach program for small craft refueling docks, and each dock must register before operating.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.36.1. (a) To reduce the damages and costs from spills, the administrator shall develop an outreach program to provide assistance to the operators of small craft refueling docks. (b) The program shall include both of the following: (1) Voluntary inspections by the administrator. The administrator shall prepare, and maintain on file, a written report recommending how any risk of a spill identified in those inspections may be reduced and how those recommendations could be implemented. (2) An education and outreach program to inform small craft refueling dock operators and the operators of the vessels they serve of the obligations and potential liabilities from a spill. For the purpose of this section, “vessel” has the same meaning as in Section 21 of the Harbors and Navigation Code. (c) To ensure effective implementation of the program, each small craft refueling dock shall register with the administrator prior to operating. (d) The administrator may require information needed to evaluate whether a facility is a small craft refueling dock as defined in Section 8670.3. The administrator may also require any pertinent information regarding the oil spill risk of a small craft refueling dock. This information may include, but shall not be limited to, the following: (1) The type of oil handled. (2) The size of storage tanks. (3) The name and telephone number of the small craft refueling dock operator. (4) The location and size of the small craft refueling dock. (e) The administrator may develop regulations to implement this section. (Amended by Stats. 2004, Ch. 796, Sec. 28. Effective January 1, 2005.)
  72. 8670.37.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator must conduct studies on improving contingency planning and oil spill response equipment and operations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.37. (a) The administrator, with the assistance of the State Lands Commission, the California Coastal Commission, the executive director of the San Francisco Bay Conservation and Development Commission, or other appropriate agency, shall carry out studies with regard to improvements to contingency planning and oil spill response equipment and operations. (b) To the greatest extent possible, these studies shall be coordinated with studies being done by the federal government, and other appropriate state and international entities, and duplication with the efforts of other entities shall be minimized. (c) The administrator, the State Lands Commission, the California Coastal Commission, the executive director of the San Francisco Bay Conservation and Development Commission, or other appropriate agency may be reimbursed for all costs incurred in carrying out the studies under this section from the Oil Spill Prevention and Administration Fund. (Amended by Stats. 2014, Ch. 35, Sec. 30. (SB 861) Effective June 20, 2014.)
  73. 8670.37.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator must set up and maintain a wildlife rescue and rehabilitation network for oil spill injuries, consult specified agencies, and support training, equipment, and staffing for response efforts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5. Contingency Planning [8670.28 - 8670.37.5] ( Article 5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.37.5. (a) The administrator shall establish a network of rescue and rehabilitation stations for wildlife injured by oil spills, including sea otters and other marine mammals. In addition to rehabilitative care, the primary focus of the Oiled Wildlife Care Network shall include proactive oiled wildlife search and collection rescue efforts. These facilities shall be established and maintained in a state of preparedness to provide the best achievable treatment for wildlife, mammals, and birds affected by an oil spill in waters of the state. The administrator shall consider all feasible management alternatives for operation of the network. (b) (1) The first rescue and rehabilitation station established pursuant to this section shall be located within the sea otter range on the central coast. The administrator initially shall establish regional oiled wildlife rescue and rehabilitation facilities in the Los Angeles Harbor area, the San Francisco Bay area, the San Diego area, the Monterey Bay area, the Humboldt County area, and the Santa Barbara area. The administrator also may establish facilities in other areas of the state as the administrator determines to be necessary. (2) One or more of the oiled wildlife rescue and rehabilitation stations shall be open to the public for educational purposes and shall be available for wildlife health research. Wherever possible in the establishment of these facilities, the administrator shall improve existing authorized wildlife rehabilitation facilities and may expand or take advantage of existing educational or scientific programs and institutions for oiled wildlife rehabilitation purposes. Expenditures shall be reviewed by the agencies and organizations specified in subdivision (c). (c) The administrator shall consult with the United States Fish and Wildlife Service, the National Marine Fisheries Service, the California Coastal Commission, the executive director of the San Francisco Bay Conservation and Development Commission, the Marine Mammal Center, and the International Bird Rescue in the design, planning, construction, and operation of the rescue and rehabilitation stations. All proposals for the rescue and rehabilitation stations shall be presented before a public hearing prior to the construction and operation of any rehabilitation station, and, upon completion of the coastal protection element of the California oil spill contingency plan, shall be consistent with the coastal protection element. (d) The administrator may enter into agreements with nonprofit organizations to establish and equip wildlife rescue and rehabilitation stations and to ensure that they are operated in a professional manner in keeping with the pertinent guidance documents issued by the administrator. The implementation of the agreement shall not constitute a California public works project. The agreement shall be deemed a contract for wildlife rehabilitation as authorized by Section 8670.61.5. (e) In the event of a spill, the responsible party may request that the administrator perform the rescue and rehabilitation of oiled wildlife required of the responsible party pursuant to this chapter if the responsible party and the administrator enter into an agreement for the reimbursement of the administrator’s costs incurred in taking the requested action. If the administrator performs the rescue and rehabilitation of oiled wildlife, the administrator shall primarily utilize the network of rescue and rehabilitation stations established pursuant to subdivision (a), unless more immediate care is required. Any of those activities conducted pursuant to this section or Section 8670.56.5 or 8670.61.5 shall be performed under the direction of the administrator. This subdivision does not remove the responsible party from liability for the costs of, or the responsibility for, the rescue and rehabilitation of oiled wildlife, as established by this chapter. This subdivision does not prohibit an owner or operator from retaining, in a contingency plan prepared pursuant to this article, wildlife rescue and rehabilitation services different from the rescue and rehabilitation stations established pursuant to this section. (f) (1) The administrator shall appoint a rescue and rehabilitation advisory board to advise the administrator regarding operation of the network of rescue and rehabilitation stations established pursuant to subdivision (a), including the economic operation and maintenance of the network. For the purpose of assisting the administrator in determining what constitutes the best achievable treatment for oiled wildlife, the advisory board shall provide recommendations to the administrator on the care achieved by current standard treatment methods, new or alternative treatment methods, the costs of treatment methods, and any other information that the advisory board believes that the administrator might find useful in making that determination. The administrator shall consult with the advisory board in preparing the administrator’s submission to the Legislature pursuant to subdivision (a) of Section 8670.40.5. The administrator shall present the recommendations of the advisory board to the Oil Spill Technical Advisory Committee created pursuant to Article 8 (commencing with Section 8670.54), upon the request of the committee. (2) The advisory board shall consist of a balance between representatives of the oil industry, wildlife rehabilitation organizations, and academia. One academic representative shall be from a veterinary school within this state. The United States Fish and Wildlife Service and the National Marine Fisheries Service shall be requested to participate as ex officio members. (3) (A) The Legislature hereby finds and declares that since the administrator may rely on the expertise provided by the volunteer members of the advisory board and may be guided by their recommendations in making decisions that relate to the operation of the network of rescue and rehabilitation stations, those members should be entitled to the same immunity from liability that is provided other public employees. (B) Members of the advisory board, while performing functions within the scope of advisory board duties, shall be entitled to the same rights and immunities granted public employees by Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1. Those rights and immunities are deemed to have attached, and shall attach, as of the date of appointment of the member to the advisory board. (g) The administrator shall ensure the state’s ability to prevent the contamination of wildlife and to identify, collect, rescue, and treat oiled wildlife through all of the following: (1) Providing for the recruitment and training of an adequate network of wildlife specialists and volunteers from Oiled Wildlife Care Network participant organizations who can be called into immediate action in the event of an oil spill to assist in the field with collection of live oiled wildlife. The training shall include a process for certification of trained volunteers and renewal of certifications. The initial wildlife rescue training shall include field experience in species identification and appropriate field collection techniques for species at risk in different spills. In addition to training in wildlife rescue, the administrator shall provide for appropriate hazardous materials training for new volunteers and contract personnel, with refresher courses offered as necessary to allow for continual readiness of search and collection teams. Moneys in the Oil Spill Prevention and Administration Fund shall not be used to reimburse volunteers for time or travel associated with required training. (2) Developing and implementing a plan for the provision of emergency equipment for wildlife rescue in strategic locations to facilitate ready deployment in the case of an oil spill. The administrator shall ensure that the equipment identified as necessary in his or her wildlife response plan is available and deployed in a timely manner to assist in providing the best achievable protection and collection efforts. (3) Developing the capacity of the Oiled Wildlife Care Network to recruit and train an adequate field team for collection of live oiled wildlife, as specified in paragraph (1), by providing staffing for field operations, coordination, and volunteer outreach for the Oiled Wildlife Care Network. The duties of the field operations and volunteer outreach staff shall include recruitment and coordination of additional participation in the Oiled Wildlife Care Network by other existing organizations with experience and expertise in wildlife rescue and handling, including scientific organizations, educational institutions, public agencies, and nonprofit organizations dedicated to wildlife conservation, and recruitment, training, and supervision of volunteers from Oiled Wildlife Care Network participating organizations. (4) Ensuring that qualified persons with experience and expertise in wildlife rescue are assigned to oversee and supervise wildlife recovery search and collection efforts, as specified in the administrator’s wildlife response plan. The administrator shall provide for and ensure that all persons involved in field collection of oiled wildlife receive training in search and capture techniques and hazardous materials certification, as appropriate. (Amended by Stats. 2014, Ch. 35, Sec. 31. (SB 861) Effective June 20, 2014.)
  74. 8670.37.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    Several actors must get or show a certificate of financial responsibility before certain oil transport or transfer activities, and the administrator must post application information and periodically review the requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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) (1) 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. (2) The administrator shall publicly post on the Office of Spill Prevention and Response internet website a list of all applications for certificates of financial responsibility submitted by facility owners and operators. The posting shall include the legal name of the applicant, the name and reasonable worst case spill volume of the facility to be covered by the certificate, the amount of financial responsibility demonstrated, and the type of evidence furnished to demonstrate the financial responsibility. The administrator shall post this information within seven business days of receiving an application. (3) Commencing January 15, 2027, and at least once every 10 years thereafter, in order to increase public participation, the administrator shall solicit public input regarding the appropriateness of the financial responsibility requirements for facilities. Based on this feedback, the administrator shall review and, as appropriate, revise the criteria and formulas for calculating the financial assurances and setting the maximum amount of a certificate of financial responsibility necessary to respond to an oil spill to reflect the best available information, pursuant to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3), which includes a public notice and comment process. (e) Pursuant to Section 8670.37.58, nontank vessels shall obtain a certificate of financial responsibility. (Amended by Stats. 2025, Ch. 118, Sec. 3. (SB 237) Effective January 1, 2026.)
  75. 8670.37.52.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    A certificate of financial responsibility is conclusive evidence that its holder is responsible for the specified vessel, facility, or oil when liability is determined under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  76. 8670.37.53.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    Applicants must show they can meet the financial responsibility amount required for a certificate; the administrator may set lower standards for certain smaller or lower-risk facilities, but not below expected worst-case spill costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  77. 8670.37.54.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    Financial responsibility may be shown with insurance, surety bond, letter of credit, self-insurance, or similar evidence, and the administrator may set acceptable or unacceptable terms for that proof.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  78. 8670.37.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    An owner or operator with more than one covered vessel or facility generally needs only one certificate of financial responsibility. If a spill occurs and the resulting liability may exceed 5% of the certificate’s reflected financial resources, the certificate stops applying to unrelated vessels or facilities and the owner or operator must show the administrator enough financial ability to cover required amounts and spill damages.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  79. 8670.37.56.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    If the administrator determines the certificate holder may lack enough financial resources for spill damages or other liability, the administrator may suspend the certificate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  80. 8670.37.57.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    A certificate of financial responsibility cannot last longer than two years, and the administrator may issue shorter-term certificates when appropriate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  81. 8670.37.58.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    A nontank vessel may not enter state waters unless its owner or operator gives the administrator proof of financial responsibility and gets a certificate of financial responsibility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 5.5. Financial Responsibility [8670.37.51 - 8670.37.58] ( Article 5.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  82. 8670.38.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Creates the Oil Spill Prevention and Administration Fund in the State Treasury and limits how the money may be used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  83. 8670.39.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must administer the fund under this article and may adopt rules, regulations, and guidelines needed to carry it out and enforce it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  84. 8670.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The Governor must appoint an oil spill response administrator, with Senate advice and consent, and the Governor fixes the administrator’s compensation under law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.4. There shall be an administrator for oil spill response. The administrator shall be a chief deputy director of the Department of Fish and Game. The administrator shall be appointed by the Governor and shall serve at the pleasure of the Governor. The appointment by the Governor shall be subject to the advice and consent of the Senate. The compensation of the administrator shall be fixed by the Governor pursuant to law. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  85. 8670.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section requires California to collect an oil spill prevention and administration fee on crude oil, petroleum products, and renewable fuel, with operators collecting and remitting the fee in specified cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.40. (a) The California Department of Tax and Fee Administration shall collect an oil spill prevention and administration fee on crude oil, petroleum products, and renewable fuel, as described in subdivision (b), in an amount determined by the administrator to be sufficient to pay the reasonable regulatory costs to carry out the purposes set forth in subdivision (e), and a reasonable reserve for contingencies, in accordance with the following: (1) Until September 30, 2021, the fee shall not exceed six and one-half cents ($0.065) per barrel of crude oil or petroleum products. (2) Beginning October 1, 2021, the fee shall be eight and one-half cents ($0.085) per barrel of crude oil or petroleum products. (3) Beginning January 1, 2022, the fee shall be eight and one-half cents ($0.085) per barrel of crude oil, petroleum products, or renewable fuel. The fee shall be adjusted on an annual basis pursuant to paragraph (9) of subdivision (b). (b) (1) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil at the time that the crude oil is received at a marine terminal within the state, by any mode of delivery that passed over, across, under, or through waters of the state, from within or outside the state, and upon a person who owns petroleum products at the time that those petroleum products are received at a marine terminal within the state, by any mode of delivery that passed over, across, under, or through waters of the state, from outside this state. The fee shall be collected by the marine terminal operator from the owner of the crude oil or petroleum products for each barrel of crude oil or petroleum products received. (2) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil or petroleum products at the time that the crude oil or petroleum products are received at a refinery within the state by any mode of delivery that passed over, across, under, or through waters of the state, whether from within or outside the state. The refinery operator shall collect the fee from the owner of the crude oil or petroleum products for each barrel received. (3) The oil spill prevention and administration fee shall be imposed upon a person owning renewable fuel at the following times: (A) When it is received at a marine terminal within the state, by any mode of delivery that passed over, across, under, or through waters of the state, from whether within or outside the state. The marine terminal operator shall collect the fee from the owner of the renewable fuel for each barrel of renewable fuel received. (B) When it is received at a refinery within the state, by any mode of delivery that passed over, across, under, or through waters of the state, whether from within or outside the state. The refinery operator shall collect the fee from the owner of the renewable fuel for each barrel of renewable fuel received. (C) When it is received at a renewable fuel receiving facility within the state, by any mode of delivery that passed over, across, under, or through waters of the state, from outside the state. The renewable fuel receiving facility operator shall collect the fee from the owner of the renewable fuel for each barrel of renewable fuel received. (D) When it is shipped from a renewable fuel production facility within the state, by any mode of transport that passes over, across, under, or through waters of the state. The renewable fuel production facility operator shall collect the fee from the owner of the renewable fuel for each barrel of renewable fuel shipped. (4) (A) There is a rebuttable presumption that crude oil, petroleum products, or renewable fuel received at a marine terminal, refinery, or renewable fuel receiving facility, or shipments of a renewable fuel from a renewable fuel production facility have passed over, across, under, or through waters of the state. This presumption may be overcome by a marine terminal operator, refinery operator, renewable fuel receiving facility operator, renewable fuel production facility operator, or owner of the crude oil, petroleum products, or renewable fuel by showing that the crude oil, petroleum products, or renewable fuel did not pass over, across, under, or through waters of the state. Evidence to rebut the presumption may include, but shall not be limited to, documentation, including shipping documents, bills of lading, highway maps, rail maps, transportation maps, related transportation receipts, or another medium, that shows the crude oil, petroleum products, or renewable fuel did not pass over, across, under, or through waters of the state. (B) Notwithstanding the petition for redetermination and claim for refund provisions of the Oil Spill Response, Prevention, and Administration Fees Law (Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code), the California Department of Tax and Fee Administration shall not do either of the following: (i) Accept or consider a petition for redetermination of fees determined pursuant to this section if the petition is founded upon the grounds that the crude oil, petroleum products, or renewable fuel did or did not pass over, across, under, or through waters of the state. (ii) Accept or consider a claim for a refund of fees paid pursuant to this section if the claim is founded upon the grounds that the crude oil, petroleum products, or renewable fuel did or did not pass over, across, under, or through waters of the state. (C) The California Department of Tax and Fee Administration shall forward to the administrator an appeal of a redetermination or a claim for a refund of fees that is based on the grounds that the crude oil, petroleum products, or renewable fuel did or did not pass over, across, under, or through waters of the state. (5) (A) The fees shall be remitted to the California Department of Tax and Fee Administration by the refinery operator, the marine terminal operator, or the renewable fuel receiving facility operator on the 25th day of the month based upon the number of barrels of crude oil, petroleum products, or renewable fuel received at a refinery, marine terminal, or renewable fuel receiving facility during the preceding month. (B) The fees shall be remitted to the California Department of Tax and Fee Administration by the renewable fuel production facility operator on the 25th day of the month based upon the number of barrels of renewable fuel shipments from the renewable fuel production facility during the preceding month. (6) The fee shall not be imposed pursuant to this section with respect to crude oil, petroleum products, or renewable fuel if the person who would be liable for that fee, or responsible for its collection, establishes that the fee has already been collected by a refinery operator, marine terminal operator, or the renewable fuel receiving facility operator, or renewable fuel production facility operator registered pursuant to Section 46101 of the Revenue and Taxation Code or paid to the California Department of Tax and Fee Administration. (7) The oil spill prevention and administration fee shall not be collected by a marine terminal operator, refinery operator, renewable fuel receiving facility operator, or renewable fuel production facility operator, or imposed on the owner of crude oil, petroleum products, or renewable fuel if the fee has been previously collected or paid on the crude oil, petroleum products, or renewable fuel at another marine terminal, refinery, renewable fuel receiving facility, or renewable fuel production facility in this state. A marine terminal operator, refinery operator, or renewable fuel production facility receiving petroleum products derived from crude oil refined in the state, or receiving renewable fuel produced in the state, may presume the fee has been previously collected. (8) An owner of crude oil, petroleum products, or renewable fuel is liable for the fee until it has been paid to the California Department of Tax and Fee Administration, except that payment to a refinery operator, marine terminal operator, renewable fuel receiving facility operator, or renewable fuel production facility operator registered pursuant to Section 46101 of the Revenue and Taxation Code is sufficient to relieve the owner from further liability for the fee. (9) (A) On or before January 20, the administrator shall annually prepare a plan that projects revenues and expenses over three fiscal years, including the current year. Based on the plan, the administrator shall set the fee so that projected revenues, including any interest and inflation, are equivalent to expenses as reflected in the current Budget Act and in the proposed budget submitted by the Governor. In setting the fee, the administrator may allow for a surplus if the administrator finds that revenues will be exhausted during the period covered by the plan or that the surplus is necessary to cover possible contingencies. (B) (i) On July 1, 2023, and every July 1 thereafter, the administrator shall adjust the fee specified in subdivision (a) annually by a percentage amount equal to the increase or decrease in the California Consumer Price Index (CCPI) issued by the Department of Industrial Relations or by a successor agency. The resulting fee shall be rounded to the nearest one-tenth of one cent ($0.001). The first adjustment shall be by the percentage increase or decrease in the CCPI from October 2021 to October 2022. Subsequent annual adjustments shall be made relative to subsequent 12-month periods. For example, for the July 1, 2024, adjustment computation, the CCPI for October 2022 will be compared with the CCPI for October 2023. The incremental change shall be added to the associated fee for that year. (ii) By March 1 of each year, the administrator shall notify the California Department of Tax and Fee Administration of the adjusted oil spill prevention and administration fee that will be in effect beginning the next fiscal year. (c) The moneys collected pursuant to subdivision (a) shall be deposited into the fund. (d) The California Department of Tax and Fee Administration shall collect the fee and adopt regulations for implementing the fee collection program. (e) The fee described in this section shall be collected solely for all of the following purposes: (1) To implement oil spill prevention programs through rules, regulations, leasing policies, guidelines, and inspections and to implement research into prevention and control technology. (2) To carry out studies that may lead to improved oil and renewable fuel spill prevention and response. (3) To finance environmental and economic studies relating to the effects of oil and renewable fuel spills. (4) To implement, install, and maintain emergency programs, equipment, and facilities to respond to, contain, and clean up oil and renewable fuel spills and to ensure that those operations will be carried out as intended. (5) To reimburse the California Department of Tax and Fee Administration for its reasonable costs incurred to implement this chapter and to carry out Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code. (6) To fund the Oiled Wildlife Care Network pursuant to Section 8670.40.5. (f) The moneys deposited in the fund shall not be used for responding to a spill. (g) The moneys deposited in the fund shall not be used to provide a loan to any other fund. (Amended by Stats. 2021, Ch. 115, Sec. 13. (AB 148) Effective July 22, 2021.)
  86. 8670.40.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must seek an annual budget appropriation up to $3,250,000, report to the Legislature on request, keep an agreement in place for certain veterinary programs when used, and review and approve proposed fund uses each year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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 three million two hundred fifty thousand dollars ($3,250,000) 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. (Amended by Stats. 2024, Ch. 72, Sec. 11. (SB 156) Effective July 2, 2024.)
  87. 8670.41.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must charge nontank vessel owners or operators a fee tied to program costs, may charge a reduced fee for lower-risk vessels, must deposit fee revenue into the Oil Spill Prevention and Administration Fund, and may not use that revenue to respond to oil spills.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  88. 8670.42.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator and the State Lands Commission must each contract with the Department of Finance for a detailed report, and the report must be sent to the Governor and Legislature on the stated schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 6. The Oil Spill Prevention and Administration Fund [8670.38 - 8670.42] ( Article 6 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  89. 8670.46.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The Oil Spill Response Trust Fund is created in the State Treasury, and its money is continuously appropriated to the administrator for spending on this article’s purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  90. 8670.47.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must administer the fund under this article and keep enough money in it to carry out the chapter’s purposes. The administrator may also adopt needed rules, regulations, and guidelines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  91. 8670.47.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section lists what money must be deposited into the Oil Spill Response Trust Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  92. 8670.48.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    This section imposes oil spill response fees on certain petroleum and crude oil transactions and requires monthly collection, payment, deposit, and possible refunds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.48. (a) (1) A uniform oil spill response fee in an amount not exceeding twenty-five cents ($0.25) for each barrel of petroleum products, as set by the administrator pursuant to subdivision (f), shall be imposed upon a person who owns petroleum products at the time the petroleum products are received at a marine terminal within this state by means of a vessel from a point of origin outside this state. The fee shall be collected by the marine terminal and remitted to the State Board of Equalization by the terminal operator on the 25th day of each month based upon the number of barrels of petroleum products received during the preceding month. (2) An owner of petroleum products is liable for the fee until it has been paid to the state, except that payment to a marine terminal operator registered under this chapter is sufficient to relieve the owner from further liability for the fee. (b) An operator of a pipeline shall also pay a uniform oil spill response fee in an amount not exceeding twenty-five cents ($0.25) for each barrel of petroleum products, as set by the administrator pursuant to subdivision (f), transported into the state by means of a pipeline operating across, under, or through the waters of the state. The fee shall be paid on the 25th day of each month based upon the number of barrels of petroleum products so transported into the state during the preceding month. (c) An operator of a refinery shall pay a uniform oil spill response fee in an amount not exceeding twenty-five cents ($0.25) for each barrel of crude oil, as set by the administrator pursuant to subdivision (f), received at a refinery within the state by any method of transport. The fee shall be paid on the 25th day of each month based upon the number of barrels of crude oil so received during the preceding month. (d) A marine terminal operator shall pay a uniform oil spill response fee in an amount not exceeding twenty-five cents ($0.25), in accordance with subdivision (g), for each barrel of crude oil, as set by the administrator pursuant to subdivision (f), that is transported from within this state by means of a vessel to a destination outside this state. (e) An operator of a pipeline shall pay a uniform oil spill response fee in an amount not exceeding twenty-five cents ($0.25), in accordance with subdivision (g), for each barrel of crude oil, as set by the administrator pursuant to subdivision (f), transported out of the state by pipeline. (f) (1) The fees required pursuant to this section shall be collected during any period for which the administrator determines that collection is necessary for any of the following reasons: (A) The amount in the fund is less than or equal to 95 percent of the designated amount specified in subdivision (a) of Section 46012 of the Revenue and Taxation Code. (B) Additional money is required to pay for the purposes specified in subdivision (k). (C) The revenue is necessary to repay a draw on a financial security obtained by the Treasurer pursuant to subdivision (o) or borrowing by the Treasurer pursuant to Article 7.5 (commencing with Section 8670.53.1), including any principal, interest, premium, fees, charges, or costs of any kind incurred in connection with those borrowings or financial security. (2) The administrator, in consultation with the State Board of Equalization, and with the approval of the Treasurer, may direct the State Board of Equalization to cease collecting the fee when the administrator determines that further collection of the fee is not necessary for the purposes specified in paragraph (1). (3) The administrator, in consultation with the State Board of Equalization, shall set the amount of the oil spill response fees. The oil spill response fees shall be imposed on all feepayers in the same amount. The administrator shall not set the amount of the fee at less than twenty-five cents ($0.25) for each barrel of petroleum products or crude oil, unless the administrator finds that the assessment of a lesser fee will cause the fund to reach the designated amount specified in subdivision (a) of Section 46012 of the Revenue and Taxation Code within four months. The fee shall not be less than twenty-five cents ($0.25) for each barrel of petroleum products or crude oil if the administrator has drawn upon the financial security obtained by the Treasurer pursuant to subdivision (o) or if the Treasurer has borrowed money pursuant to Article 7.5 (commencing with Section 8670.53.1) and principal, interest, premium, fees, charges, or costs of any kind incurred in connection with those borrowings remain outstanding or unpaid, unless the Treasurer has certified to the administrator that the money in the fund is not necessary for the purposes specified in paragraph (1). (g) The fees imposed by subdivisions (d) and (e) shall be imposed in any calendar year beginning the month following the month when the total cumulative year-to-date barrels of crude oil transported outside the state by all feepayers by means of vessel or pipeline exceed 6 percent by volume of the total barrels of crude oil and petroleum products subject to oil spill response fees under subdivisions (a), (b), and (c) for the prior calendar year. (h) For purposes of this chapter, “designated amount” means the amounts specified in Section 46012 of the Revenue and Taxation Code. (i) The administrator, in consultation with the State Board of Equalization and with the approval of the Treasurer, shall authorize refunds of any money collected that is not necessary for the purposes specified in paragraph (1) of subdivision (f). The State Board of Equalization, as directed by the administrator, and in accordance with Section 46653 of the Revenue and Taxation Code, shall refund the excess amount of fees collected to each feepayer who paid the fee to the state, in proportion to the amount that each feepayer paid into the fund during the preceding 12 monthly reporting periods in which there was a fee due, including the month in which the fund exceeded the specified amount. If the total amount of money in the fund exceeds the amount specified in this subdivision by 10 percent or less, refunds need not be ordered by the administrator. This section does not require the refund of excess fees as provided in this subdivision more frequently than once each year. (j) The State Board of Equalization shall collect the fee and adopt regulations implementing the fee collection program. All fees collected pursuant to this section shall be deposited in the Oil Spill Response Trust Fund. (k) The fee described in this section shall be collected solely for any of the following purposes: (1) To provide funds to cover promptly the costs of response, containment, and cleanup of oil spills into waters of the state, including damage assessment costs and wildlife rehabilitation as provided in Section 8670.61.5. (2) To cover response and cleanup costs and other damages suffered by the state or other persons or entities from oil spills into waters of the state that cannot otherwise be compensated by responsible parties or the federal government. (3) To pay claims for damages pursuant to Section 8670.51. (4) To pay claims for damages, except for damages described in paragraph (7) of subdivision (h) of Section 8670.56.5, pursuant to Section 8670.51.1. (5) To pay for the cost of obtaining financial security in the amount specified in subdivision (b) of Section 46012 of the Revenue and Taxation Code, as authorized by subdivision (o). (6) To pay indemnity and related costs and expenses as authorized by Section 8670.56.6. (7) To pay principal, interest, premium, if any, and fees, charges, and costs of any kind incurred in connection with moneys drawn by the administrator on the financial security obtained by the Treasurer pursuant to subdivision (o) or borrowed by the Treasurer pursuant to Article 7.5 (commencing with Section 8670.53.1). (8) [Reserved] (9) To respond to an imminent threat of a spill in accordance with the provisions of Section 8670.62 pertaining to threatened discharges. (l) The interest that the state earns on the funds deposited into the Oil Spill Response Trust Fund shall be deposited in the fund and shall be used to maintain the fund at the designated amount specified in subdivision (a) of Section 46012 of the Revenue and Taxation Code. If the amount in the fund exceeds that designated amount, the interest shall be deposited into the Oil Spill Prevention and Administration Fund, and shall be available for the purposes authorized by Article 6 (commencing with Section 8670.38). (m) The Legislature finds and declares that effective response to oil spills requires that the state have available sufficient funds in a response fund. The Legislature further finds and declares that maintenance of that fund is of utmost importance to the state and that the money in the fund shall be used solely for the purposes specified in subdivision (k). (n) [Reserved] (o) The Treasurer shall obtain financial security, in the designated amount specified in subdivision (b) of Section 46012 of the Revenue and Taxation Code, in a form that, in the event of an oil spill, may be drawn upon immediately by the administrator upon making the determinations required by paragraph (2) of subdivision (a) of Section 8670.49. The financial security may be obtained in any of the forms described in subdivision (b) of Section 8670.53.3, as determined by the Treasurer. (p) This section does not limit the authority of the administrator to raise oil spill response fees pursuant to Section 8670.48.5. (Amended by Stats. 2014, Ch. 35, Sec. 41. (SB 861) Effective June 20, 2014.)
  93. 8670.48.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator may increase a fee, but only within stated limits and only after required findings are made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 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.)
  94. 8670.49.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator may use fund money only for listed spill-response purposes, and after certain findings are made must promptly pay necessary spill-response costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.49. (a) (1) The administrator may only expend money from the fund to pay for any of the following, subject to the lien established in Section 8670.53.2: (A) To pay the cost of obtaining financial security as authorized by paragraph (5) of subdivision (k) and subdivision (o) of Section 8670.48. (B) To pay the principal, interest, premium, if any, and fees, charges, and costs of any kind incurred in connection with moneys drawn by the administrator on the financial security obtained by the Treasurer, or the moneys borrowed by the Treasurer, as authorized by paragraph (7) of subdivision (k) of Section 8670.48. (C) To pay for the expansion, in the VTS area, pursuant to Section 445 of the Harbors and Navigation Code, of the vessel traffic service system (VTS system) authorized pursuant to subdivision (f) of Section 8670.21. (2) If a spill has occurred, the administrator may expend the money in the fund for the purposes identified in paragraphs (1), (2), (3), (4), and (6) of subdivision (k) of Section 8670.48 only upon making the following determinations: (A) Except as authorized by Section 8670.51.1, a responsible party does not exist or the responsible party is unable or unwilling to provide adequate and timely cleanup and to pay for the damages resulting from the spill. The administrator shall make a reasonable effort to have the party responsible remove the oil or agree to pay for any actions resulting from the spill that may be required by law, provided that the efforts are not detrimental to fish, plant, animal, or bird life in the affected waters. The reasonable effort of the administrator shall include attempting to access the responsible parties’ insurance or other proof of financial responsibility. (B) Sufficient federal oil spill funds are not available or will not be available in an adequate period of time. (3) Notwithstanding any other provision of this subdivision, the administrator may expend money from the fund for authorized expenditures when a reimbursement procedure is in place to receive reimbursements for those expenditures from federal oil spill funds. (b) Upon making the determinations specified in paragraph (2) of subdivision (a), the administrator shall immediately make whatever payments are necessary for responding to, containing, or cleaning up the spill, including any wildlife rehabilitation required by law and payment of claims pursuant to Sections 8670.51 and 8670.51.1, subject to the lien established by Section 8670.53.2. (Amended by Stats. 2014, Ch. 35, Sec. 43. (SB 861) Effective June 20, 2014.)
  95. 8670.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The Governor must ensure the state responds fully and adequately to all oil spills in state waters, and the administrator must carry out oil spill response activities and represent the state in coordinated federal response efforts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.5. The Governor shall ensure that the state fully and adequately responds to all oil spills in waters of the state. The administrator, acting at the direction of the Governor, shall implement activities relating to oil spill response, including drills and preparedness and oil spill containment and cleanup. The administrator shall also represent the state in any coordinated response efforts with the federal government. (Amended by Stats. 2014, Ch. 35, Sec. 7. (SB 861) Effective June 20, 2014.)
  96. 8670.5.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    If part of this chapter is held invalid, the rest still applies if it can work without the invalid part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 1. General Provisions [8670.1 - 8670.5.5] ( Article 1 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.5.5. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by renumbering Section 8670.95 by Stats. 2016, Ch. 86, Sec. 157. (SB 1171) Effective January 1, 2017.)
  97. 8670.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Fund money may be used only for specified oil spill response and related costs, and the administrator must make necessary and appropriate expenditures after an oil spill.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.50. (a) Money from the fund may only be expended to cover the costs incurred by the state and local governments and agencies for any of the following: (1) Responding promptly to, containing, and cleaning up the discharge, if those efforts are any of the following: (A) Undertaken pursuant to the state and local oil spill contingency plans established under this chapter, and the California oil spill contingency plan established under Article 3.5 (commencing with Section 8574.1) of Chapter 7. (B) Undertaken consistent with the standardized emergency management system established pursuant to Section 8607. (C) Undertaken at the direction of the administrator. (2) Meeting the requirements of Section 8670.61.5 relating to wildlife rehabilitation. (3) Making the payments authorized by subdivision (k) of Section 8670.48. (b) In the event of an oil spill, the administrator shall make whatever expenditures are necessary and appropriate from the fund to cover the costs described in subdivision (a), subject to the lien established pursuant to Section 8670.53.2. (Amended by Stats. 2014, Ch. 35, Sec. 44. (SB 861) Effective June 20, 2014.)
  98. 8670.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The fund administrator must pay certain unrecovered oil-spill judgment amounts, and any person may apply for compensation if the listed conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.51. (a) When a person has obtained a final judgment for damages resulting from an oil spill in waters of the state, but is unable, within one year after the date of its entry, to enforce the judgment pursuant to Title 9 (commencing with Section 680.010) of the Code of Civil Procedure, or is unable to obtain satisfaction of the judgment from the federal government within 90 additional days, the administrator shall pay an amount not to exceed those amounts that cannot be recovered from a responsible party and the fund shall be subrogated to all rights, claims, and causes of action that the claimant has under this chapter, Article 3. 5 (commencing with Section 8574.1) of Chapter 7, Section 8670.61.5, and Division 7.8 (commencing with Section 8750) of the Public Resources Code. (b) Any person may apply to the fund for compensation for damages and losses suffered as a result of an oil spill in waters of the state under any of the following conditions: (1) The responsible party or parties cannot be ascertained. (2) A responsible party is not liable for noneconomic damages caused by another. (3) Subdivision (i) of Section 8670.56.6 is applicable to the claim. (c) The administrator shall not approve any claim in an amount that exceeds the amount to which the person would otherwise be entitled pursuant to Section 8670.56.5, and shall pay claims from the fund that are approved pursuant to this section. (Amended by Stats. 2014, Ch. 35, Sec. 45. (SB 861) Effective June 20, 2014.)
  99. 8670.51.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section sets out how oil-spill claims are routed, processed, and paid, including when claimants must go to the responsible party, the federal fund, or the fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.51.1. (a) (1) Upon learning of an oil spill, the administrator shall immediately designate the responsible party, who, if that designation is not challenged, shall immediately, widely advertise the manner in which it shall accept and pay claims. (2) If the designation of the administrator is challenged, the administrator shall immediately, widely advertise the manner in which he or she shall accept, process, and pay claims. If the administrator’s designation is later upheld, all costs incurred by the administrator, including interest and appropriate penalties, shall be assessed against the responsible party. (3) If the administrator is unable to designate a responsible party, the administrator shall immediately, widely advertise the manner in which the administrator shall accept, process, and pay claims. In the absence of a designated responsible party the claimant shall submit his or her claim to the federal fund. If there is no response within 60 days, the claimant may submit his or her claim to the fund. (b) Claims under the amount of fifty thousand dollars ($50,000) may be submitted directly to the fund. The claimant shall not be required to make a demand on the responsible party or any federal fund. It is the intent of the Legislature that these claims be processed as expeditiously as possible, and the administrator shall contract with professional adjusters to handle the claims as fairly and professionally as possible. Claimants shall assign or subrogate all rights against the responsible party to the fund before payment and release. (c) Claims in excess of the amount of fifty thousand dollars ($50,000) shall first be presented to the designated responsible party for payment. If a satisfactory response is not forthcoming within 60 days, the claimant shall submit his or her claim to the appropriate federal fund. If a satisfactory response is not forthcoming from the appropriate federal fund within 60 days, the claimant may submit the claim to the fund. If the administrator does not designate a responsible party, the claim shall be submitted directly to the appropriate federal fund. (d) (1) If the federal fund completely rejects a claim, makes a partial offer, or the claimant rejects an offer, the claimant may, nevertheless, apply for reimbursement from the fund, provided that all evidence developed during the federal fund process shall be admissible during the processing of the claim. The administrator shall specifically consider any federal offer. (2) Any federal payment shall be offset against any payment from the fund. (3) The claimant shall assign or subrogate all rights under federal law to the fund. Any payment of claims from the fund shall require assignment or subrogation of the claimant’s rights under state law to the fund. (e) The administrator may levy fines against frivolous claims pursuant to Section 128.5 of the Code of Civil Procedure. (f) Entities that pay into the fund shall have no standing to contest claims against the fund for claims less than one million dollars ($1,000,000). The entities may petition the administrator to have standing for claims between one million dollars ($1,000,000) and three million dollars ($3,000,000). The entities shall have standing for claims in excess of three million dollars ($3,000,000). (g) An advisory committee comprised of entities that pay into the fund and other interested parties shall be created and the administrator shall consult with the committee on the manner in which payments are made from the fund. (h) Claims for reimbursement from the fund shall be made within three years from the date the loss occurred. (i) Dissatisfied claimants may sue the fund within six months of the administrator’s final decision regarding a claim. (j) The administrator shall develop and adopt regulations regarding the manner in which claims shall be required to be submitted, processed, heard, and challenged. (k) Punitive damages shall not be paid from the fund. (Amended by Stats. 1993, Ch. 1190, Sec. 5. Effective October 11, 1993.)
  100. 8670.53.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The Attorney General must try to recover all costs from the responsible party for an oil spill in state waters when fund money was spent.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7. Oil Spill Response Trust Fund [8670.46 - 8670.53] ( Article 7 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53. The Attorney General, in consultation with the administrator, shall undertake actions to recover all costs to the funds from any responsible party for an oil spill into waters of the state for which expenditures are made from the fund. The recovery of costs pursuant to this section shall not foreclose the Attorney General from any other actions allowed by law. (Amended by Stats. 2014, Ch. 35, Sec. 46. (SB 861) Effective June 20, 2014.)
  101. 8670.53.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    After an oil spill, officials must notify the Governor, seek federal payment, and if needed arrange borrowing to cover response costs. Borrowed funds can only be used for spill-related purposes, and the spill responsible party is liable for repayment costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53.1. (a) Following an oil spill, the administrator, in consultation with the Treasurer, shall notify the Governor if the administrator determines that it is likely that there will not be sufficient moneys in the fund, including both projected revenues to the fund and the financial security obtained pursuant to subdivision (o) of Section 8670.48, to pay, in a timely manner, the expected costs permitted under this chapter. (b) Following an oil spill, if the Treasurer has obtained financial security pursuant to subdivision (o) of Section 8670.48 in the form of a loan from the Pooled Money Investment Account, the Treasurer shall notify the Governor if the draws on the financial security will likely create a cashflow problem for the Pooled Money Investment Account that would require the loan to be repaid and replaced by borrowing from another source. (c) Upon notification pursuant to subdivision (a) or (b), the Governor shall request that the federal government pay the cost for response, containment, cleanup, wildlife rehabilitation, and payment of damages. If sufficient federal funds are not available within five days, the Governor shall make a written request to the Treasurer to borrow and deposit in the fund the amount necessary, as determined by the administrator, to pay those estimated excess response costs, including costs specified in paragraphs (1), (2), (3), (4), (6), and (8) of subdivision (k) of Section 8670.48, and, if necessary, to repay any draws upon the financial security obtained by the Treasurer pursuant to subdivision (o) of Section 8670.48. (d) The Governor, the Controller, the Treasurer, and the administrator shall immediately take whatever action is necessary and appropriate to ensure that the state has the ability to borrow the maximum additional amount necessary to carry out this chapter. (e) The party responsible for the spill shall be liable to the state for all money borrowed by the Treasurer under this chapter, including draws on the financial security obtained pursuant to subdivision (o) of Section 8670.48, for the purpose of responding to the oil spill, including principal, interest, and premium, if any, and all associated fees, costs, and other charges incurred by the state in connection with that borrowing, whether or not all or a portion of the borrowed money has been repaid through the oil spill response fee or by federal funds. (f) No funds available pursuant to this article may be expended for any activities which result in a net environmental enhancement. It is the intent of the Legislature that borrowed funds be expended solely for oil spill response, containment, cleanup, wildlife rehabilitation, and damages resulting from oil spills. (Amended by Stats. 2007, Ch. 373, Sec. 10. Effective October 10, 2007.)
  102. 8670.53.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Borrowed money must be spent and repaid under specified sections, and the related fees and other fund moneys are pledged to repayment while the borrowing remains outstanding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53.2. Money borrowed pursuant to this chapter, including draws on the financial security obtained pursuant to subdivision (o) of Section 8670.48, shall be expended and repaid pursuant to Sections 8670.48 and 8670.49. So long as any of those borrowings are outstanding, fees and any other moneys in the fund are pledged to the repayment of the borrowings, to the extent provided in a resolution of the Pooled Money Investment Board in connection with a loan from the Pooled Money Investment Account or a resolution of issuance for any other borrowing arranged by the Treasurer. The pledge shall constitute a first lien and security interest, ratably with all other prior or subsequent borrowings unless the Treasurer provides in a resolution of issuance, that any borrowing shall constitute a junior lien, which shall immediately attach on the fees deposited in the fund, and shall be effective, binding, and enforceable against the state and any other person asserting rights therein without need of any physical delivery, recordation, filing, or other action. (Amended by Stats. 2007, Ch. 373, Sec. 11. Effective October 10, 2007.)
  103. 8670.53.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    This section lets the Treasurer arrange borrowing and other financing to cover oil spill costs when fund money is not enough.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53.3. (a) For purposes of this section, the following definitions shall apply: (1) “Bond” means any bond, note, commercial paper, bond anticipation note, or other evidence of indebtedness that the Treasurer is authorized to issue for purposes of this chapter. (2) “Standby arrangement” means a line of credit, letter of credit, or other financial arrangement with a financial institution or lending entity that allows for ready access to money. (b) To provide funds to pay for costs of an oil spill, as set forth in Section 8670.48, in excess of money in the fund as set forth in subdivision (a) of Section 8670.53.1, the Treasurer shall make necessary financial arrangements to obtain the additional money needed to pay those costs, and that borrowing shall be reimbursed or repaid from future deposits into the fund. The Treasurer may also enter any financial arrangement necessary or appropriate to refund any draw by the administrator pursuant to subdivision (o) of Section 8670.48, and that borrowing shall be reimbursed or repaid from future deposits into the fund. The financial arrangements may take the following forms, or any combination thereof: (1) Establishment of one or more standby arrangements. (2) Sale of bonds to provide funds for purposes of this chapter, to repay any prior drawings by the Treasurer on a standby arrangement or any drawings by the administrator on the financial security obtained by the Treasurer pursuant to subdivision (o) of Section 8670.48, to repay money borrowed from the Pooled Money Investment Account, or to refund or extend any previously issued bonds. (3) Borrowing from the Pooled Money Investment Account. (4) Any other financial arrangement the Treasurer determines to be appropriate and cost effective. (c) The Treasurer may enter into any financial arrangement authorized in subdivision (b) at any time, or from time to time, on a negotiated or competitive bid basis, as the Treasurer shall determine to be advisable. (d) (1) The Governor, in any written request to the Treasurer pursuant to subdivision (c) of Section 8670.53.1, shall, to the extent feasible, state both of the following: (A) The amount of funds needed each month over the period covered by the request. (B) The estimated income to the fund each month from all sources that will be available to pay or retire any debt service or to pay any other expenses, fees, or costs incurred in connection with obligations issued pursuant to this chapter. (2) The Governor may submit multiple requests to the Treasurer with respect to the same oil spill, or with respect to different oil spills. On receipt of a written request pursuant to this section, the Treasurer may draw on a standby arrangement, may use any other financial arrangement, or may issue bonds to provide funds not exceeding the amounts requested. (e) Upon receipt of a written request for funds from the Governor, the following shall occur: (1) The Treasurer shall convene a meeting of the Pooled Money Investment Board to obtain the funds through interim borrowing from the Pooled Money Investment Account except that no meeting is required where the request to borrow is for the purpose of repayment of a loan from the Pooled Money Investment Account. (2) The Treasurer shall ensure that the funds will thereafter be available in accordance with a financing schedule mutually agreeable to the administrator and the Treasurer. (f) This article does not require the Treasurer to borrow more money than can be repaid from amounts available to the fund for that purpose. The Treasurer shall not be required to consider as available to the fund any future deposits resulting from an increase of the fees specified in Section 8670.48.5 until that increase has actually become effective. Once effective, the administrator shall not retract, reduce, or reject the increase unless the Treasurer certifies to the administrator that the retraction, reduction, or rejection will not diminish the security for, or ability to repay, amounts borrowed under this article or drawn pursuant to subdivision (o) of Section 8670.48. The amount of borrowing that can be repaid from amounts available to the fund for that purpose shall be determined by the Treasurer in his or her sole discretion, giving due consideration to factors concerning security for, marketability of, and repayment of, any financial arrangements or other obligations that the Treasurer elects to make, incur, or issue for the purposes of complying with this chapter. (Amended by Stats. 2007, Ch. 373, Sec. 12. Effective October 10, 2007.)
  104. 8670.53.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The Treasurer may authorize and manage certain financial arrangements and refunding bonds under this article, subject to stated exceptions and conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53.4. (a) With the exception of borrowing from the Pooled Money Investment Account, which shall be on the terms determined by the Pooled Money Investment Board, the entry into or issuance of any financial arrangement pursuant to this article and obtaining the financial security pursuant to subdivision (o) of Section 8670.48, including the issuance of bonds, or other obligations, shall be authorized by a resolution adopted by the Treasurer. Any of these financial arrangements, including bonds or other obligations, (1) may be negotiable, (2) may be payable to order or to the bearer, (3) may be in any denomination, (4) shall be payable not later than 20 years from the date of issuance, (5) may bear interest at a fixed or variable rate or rates to be determined as provided by the resolution and payable as provided therein, (6) may be payable on a fixed date or upon demand of the holder, (7) may be made subject to the prepayment or redemption at the option of the state or at the option of the holder, and (8) may contain such other terms as the Treasurer may determine to be necessary and appropriate. (b) In connection with any financial arrangement made or issued by the Treasurer pursuant to this chapter, including the issuance of bonds or other obligations, the Treasurer may obtain or arrange for any insurance, letter of credit, or other credit enhancement or liquidity arrangements as the Treasurer determines to be appropriate and cost effective, and may enter into any contracts or agreements for those arrangements not inconsistent with this chapter. (c) Proceeds of any borrowing authorized pursuant to this chapter, including from the issuance of any bonds, other obligations, or drawings on any standby arrangement or other financial arrangements, shall be deposited in the fund. (d) Any bonds or other obligations issued under this chapter may be secured by a trust agreement or indenture by and between the state and a trustee. The trustee may be the Treasurer or a bank or trust company chartered under the laws of this state or of the United States and designated by the Treasurer. (e) The Treasurer may provide for the issuance and sale or exchange of refunding bonds for the purpose of redeeming, retiring, or purchasing for retirement, outstanding bonds at or before their maturity, if the Treasurer and the administrator determines that refunding is necessary or advisable in order to do either of the following: (1) To effect a favorable reorganization of the debt structure of the bonds. (2) To effect a saving in debt service cost, as measured by the present value of that saving. (Amended by Stats. 2007, Ch. 373, Sec. 13. Effective October 10, 2007.)
  105. 8670.53.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Financial arrangements and related bonds or obligations under this article are special obligations of the state, secured only by money in the fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53.5. Any financial arrangements made or issued pursuant to this article or subdivision (o) of Section 8670.48, including the issuance of bonds or other obligations, and the repayment of any of these obligations, shall be special obligations of the state secured solely by the moneys in the fund. None of these financial arrangements, including bonds or other obligations, shall be or become a lien, charge, or liability against the State of California or against its property or funds except to the extent of the pledges expressly made by this article. Each of these financial arrangements, including bonds or other obligations, shall contain a recital stating that neither the payment of the principal thereof, nor any interest thereon, constitutes a debt, liability, or general obligation of the State of California other than as provided in this article, and neither the faith and credit nor the taxing power of the state are pledged to the repayment thereof. (Amended by Stats. 2007, Ch. 373, Sec. 14. Effective October 10, 2007.)
  106. 8670.53.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Certain financial arrangements issued under this article are treated as legal investments and may be used as security.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53.7. (a) All financial arrangements made or issued pursuant to this article or subdivision (o) of Section 8670.48, including bonds or other obligations, are a legal investment for any of the following: (1) Trust funds. (2) Funds of insurers. (3) Funds of savings and loan associations. (4) Funds of banks. (5) Funds of state agencies, cities, counties, cities and counties, or other public agencies or corporations. (b) All financial arrangements, made or issued pursuant to this article or subdivision (o) of Section 8670.48, including bonds or other obligations, are acceptable and may be used as security for the faithful performance of any public or private trust or obligation or for the performance of any act, including the use of notes by banks as security for deposits of funds of the state and its agencies, or of any city, county, city and county, or other public agency or corporation. (Amended by Stats. 2007, Ch. 373, Sec. 15. Effective October 10, 2007.)
  107. 8670.53.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Money from the fund is appropriated to pay certain costs of covered financial arrangements, and the Treasurer must tell the administrator and Controller what amounts are needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53.8. Notwithstanding Section 13340, there is hereby appropriated from the fund, without regard to fiscal years, any and all moneys necessary to pay principal, interest, premium, if any, and fees, costs, or charges of any kind incurred by the state under or in connection with any standby arrangement, or other financial arrangement, including bonds or other obligations, made or issued pursuant to this article and pursuant to subdivision (o) of Section 8670.48, or any rebate penalty, or other payment necessary to maintain the federal tax-exempt status of that financial arrangement, including bonds or other obligations. The Treasurer shall advise the administrator and the Controller of amounts necessary to pay the principal, interest, premiums, fees, costs, or charges on any of those arrangements or obligations made or issued pursuant to this article and subdivision (o) of Section 8670.48, and those amounts shall not be available for expenditure for other purposes. (Amended by Stats. 2007, Ch. 373, Sec. 16. Effective October 10, 2007.)
  108. 8670.53.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The Treasurer may obtain a legal opinion from attorneys other than the Attorney General if doing so would increase marketability or reduce costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53.9. Whenever the Treasurer determines that it will increase the marketability or reduce the cost of obtaining any standby arrangement, other arrangement, or of issuing any bonds to obtain, prior to or after sale, a legal opinion as to the validity of the standby arrangement, other arrangement, or bonds from attorneys other than the Attorney General, the Treasurer may obtain such a legal opinion. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  109. 8670.53.95.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The Public Contract Code sections listed do not apply to certain agreements entered into by the Treasurer for authorized financial arrangements, including bonds or other obligations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 7.5. Borrowing Authority [8670.53.1 - 8670.53.95] ( Article 7.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.53.95. Section 10295 and Sections 10336 to 10381, inclusive, of the Public Contract Code shall not apply to agreements entered into by the Treasurer in connection with making or issuing of any financial arrangements, including the issuance of bonds or other obligations, authorized by this article or by subdivision (o) of Section 8670.48. (Amended by Stats. 2007, Ch. 373, Sec. 17. Effective October 10, 2007.)
  110. 8670.54.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section creates the Oil Spill Technical Advisory Committee, sets its membership and appointment structure, requires it to meet at least twice a year, pays members $100 per day per meeting plus travel expenses, and provides for a chair and vice chair elected by majority vote.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.54. (a) The Oil Spill Technical Advisory Committee, hereafter in this article, the committee, is hereby established to provide public input and independent judgment of the actions of the administrator. The committee shall consist of 14 members, of whom eight shall be appointed by the Governor, three by the Speaker of the Assembly, and three by the Senate Committee on Rules. The appointments shall be made in the following manner: (1) The Speaker of the Assembly and Senate Committee on Rules shall each appoint a member who shall be a representative of the public. (2) The Governor shall appoint a member who has a demonstrable knowledge of marine transportation. (3) The Speaker of the Assembly and the Senate Committee on Rules shall each appoint two members who have demonstrable knowledge of environmental protection and the study of ecosystems. (4) The Governor shall appoint a member who has served as a local government elected official or who has worked for a local government. (5) The Governor shall appoint a member who has experience in oil spill response and prevention programs. (6) The Governor shall appoint a member who has been employed in the petroleum industry. (7) The Governor shall appoint a member who has worked in state government. (8) The Governor shall appoint a member who has demonstrable knowledge of the dry cargo vessel industry. (9) The Governor shall appoint a member who has demonstrable knowledge of the railroad industry. (10) The Governor shall appoint a member who has demonstrable knowledge of the oil production industry. (b) The committee shall meet as often as required, but at least twice per year. Members shall be paid one hundred dollars ($100) per day for each meeting and all necessary travel expenses at state per diem rates. (c) The administrator and any personnel the administrator determines to be appropriate shall serve as staff to the committee. (d) A chair and vice chair shall be elected by a majority vote of the committee. (Amended by Stats. 2016, Ch. 209, Sec. 8. (AB 2912) Effective January 1, 2017.)
  111. 8670.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The committee must give recommendations to specified state agencies, report every two years to the Governor and Legislature, and may study, attend, or send additional reports on oil spill response matters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.55. (a) The committee shall provide recommendations to the administrator, the State Lands Commission, the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the Geologic Energy Management Division, the Office of the State Fire Marshal, and the Public Utilities Commission, on any provision of this chapter, including the promulgation of all rules, regulations, guidelines, and policies. (b) The committee may study, comment on, or evaluate, at its own discretion, any aspect of oil spill prevention and response in the state. To the greatest extent possible, these studies shall be coordinated with studies being done by the federal government, the administrator, the State Lands Commission, the State Water Resources Control Board, and other appropriate state and international entities. Duplication with the efforts of other entities shall be minimized. (c) The committee may attend any drills called pursuant to Section 8670.10 or any oil spills, if practicable. (d) The committee shall report biennially to the Governor and the Legislature on its evaluation of oil spill response and preparedness programs within the state and may prepare and send any additional reports it determines to be appropriate to the Governor and the Legislature. (Amended by Stats. 2019, Ch. 771, Sec. 3. (AB 1057) Effective January 1, 2020.)
  112. 8670.55.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The committee must convene a taskforce to study whether vessels of opportunity can be used for oil spill response, hold two public meetings, and send final recommendations by January 1, 2017; if appropriate, the administrator must update regulations by January 1, 2018.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.55.1. (a) The committee shall convene a taskforce, including appropriate state and federal governmental representatives, nongovernmental organizations, oil spill response organizations, and commercial fishing and other potential vessels of opportunity, to evaluate and make recommendations regarding the feasibility of using vessels of opportunity for oil spill response in marine waters. The evaluation shall examine the following: (1) Appropriate functions of vessels of opportunity during an oil spill. (2) Appropriate management of a vessels of opportunity spill response program. (3) Vessels of opportunity equipment, training, and technology needs. (4) Liability and insurance. (5) Compensation. (b) As part of the evaluation, the taskforce shall hold two public meetings, one in southern California and one in northern California, prior to making final recommendations. (c) (1) On or before January 1, 2017, the committee shall provide to the administrator and to the Legislature final recommendations on whether vessels of opportunity should be included in oil spill response planning. (2) The recommendations provided to the Legislature shall be provided pursuant to Section 9795. (d) If appropriate, the administrator, by January 1, 2018, shall update regulations to provide for inclusion of vessels of opportunity in the oil spill prevention, response, and preparedness program. (Added by Stats. 2015, Ch. 609, Sec. 6. (SB 414) Effective January 1, 2016.)
  113. 8670.56.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator may use money from the Oil Spill Prevention and Administration Fund for amounts needed to carry out this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.56. The administrator may expend from the Oil Spill Prevention and Administration Fund any amounts necessary for the purposes of carrying out this article. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  114. 8670.56.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Committee members appointed under this article are entitled to the same rights and immunities as public employees when performing duties under the article or for the administrator.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8. Oil Spill Technical Advisory Committee [8670.54 - 8670.56.1] ( Article 8 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.56.1. (a) The Legislature hereby finds and declares that because the administrator must rely on expertise provided by members of the committee and be guided by their recommendations in making decisions that relate to the public safety, members of the committee should be entitled to the same immunity from liability provided other public employees. (b) Members of the committee appointed pursuant to this article, while performing duties required by this article or by the administrator, shall be entitled to the same rights and immunities granted public employees by Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1. Those rights and immunities are deemed to have attached, and shall attach, as of the date of appointment of the member to the committee. (Added by Stats. 1995, Ch. 337, Sec. 9. Effective January 1, 1996.)
  115. 8670.56.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8.5. Damages [8670.56.5 - 8670.56.6] ( Article 8.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    A responsible party is strictly liable for spill-related damages, with several listed defenses and exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8.5. Damages [8670.56.5 - 8670.56.6] ( Article 8.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.56.5. (a) A responsible party, as defined in Section 8670.3, shall be absolutely liable without regard to fault for any damages incurred by any injured person that arise out of, or are caused by, a spill. (b) A responsible party is not liable to an injured person under this section for any of the following: (1) Damages, other than costs of removal incurred by the state or a local government, caused solely by any act of war, hostilities, civil war, or insurrection or by an unanticipated grave natural disaster or other act of God of an exceptional, inevitable, and irresistible character, that could not have been prevented or avoided by the exercise of due care or foresight. (2) Damages caused solely by the negligence or intentional malfeasance of that injured person. (3) Damages caused solely by the criminal act of a third party other than the defendant or an agent or employee of the defendant. (4) Natural seepage not caused by a responsible party. (5) Damages that arise out of, or are caused by, a discharge that is authorized by a state or federal permit. (c) The defenses provided in subdivision (b) shall not be available to a responsible party who fails to comply with Sections 8670.25, 8670.25.5, 8670.27, and 8670.62. (d) Upon motion and sufficient showing by a party deemed to be a responsible party under this section, the court shall join to the action any other party who may be a responsible party under this section. (e) In determining whether a party is a responsible party under this section, the court shall consider the results of chemical or other scientific tests conducted to determine whether oil or other substances produced, discharged, or controlled by the defendant matches the oil or other substance that caused the damage to the injured party. The defendant shall have the burden of producing the results of tests of samples of the substance that caused the injury and of substances for which the defendant is responsible, unless it is not possible to conduct the tests because of unavailability of samples to test or because the substance is not one for which reliable tests have been developed. At the request of a party, any other party shall provide samples of oil or other substances within its possession or control for testing. (f) The court may award reasonable costs of the suit, attorney’s fees, and the costs of necessary expert witnesses to a prevailing plaintiff. The court may award reasonable costs of the suit and attorney’s fees to a prevailing defendant if the court finds that the plaintiff commenced or prosecuted the suit pursuant to this section in bad faith or solely for purposes of harassing the defendant. (g) This section does not prohibit a person from bringing an action for damages caused by oil or by exploration, under any other provision or principle of law, including, but not limited to, common law. However, damages shall not be awarded pursuant to this section to an injured person for loss or injury for which the person is or has been awarded damages under any other provision or principle of law. Subdivision (b) does not create a defense not otherwise available regarding an action brought under any other provision or principle of law, including, but not limited to, common law. (h) Damages for which responsible parties are liable under this section include the following: (1) All costs of response, containment, cleanup, removal, and treatment, including, but not limited to, monitoring and administration costs incurred pursuant to the California oil spill contingency plan or actions taken pursuant to directions by the administrator. (2) Injury to, or economic losses resulting from destruction of or injury to, real or personal property, which shall be recoverable by any claimant who has an ownership or leasehold interest in property. (3) Injury to, destruction of or loss of, natural resources, including, but not limited to, the reasonable costs of rehabilitating wildlife, habitat, and other resources and the reasonable costs of assessing that injury, destruction, or loss, in an action brought by the state, a county, city, or district. Damages for the loss of natural resources may be determined by any reasonable method, including, but not limited to, determination according to the costs of restoring the lost resource. (4) Loss of subsistence use of natural resources, which shall be recoverable by a claimant who so uses natural resources that have been injured, destroyed, or lost. (5) Loss of taxes, royalties, rents, or net profit shares caused by the injury, destruction, loss, or impairment of use of real property, personal property, or natural resources. (6) Loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by any claimant who derives at least 25 percent of their earnings from the activities that utilize the property or natural resources, or, if those activities are seasonal in nature, 25 percent of their earnings during the applicable season. (7) Loss of use and enjoyment of natural resources, public beaches, and other public resources or facilities, in an action brought by the state, a county, city, or district. (i) Except as provided in Section 1431.2 of the Civil Code, liability under this section shall be joint and several. However, this section does not bar a cause of action that a responsible party has or would have, by reason of subrogation or otherwise, against a person. (j) This section does not apply to claims for damages for personal injury or wrongful death, and does not limit the right of a person to bring an action for personal injury or wrongful death pursuant to any provision or principle of law. (k) Payments made by a responsible party to cover liabilities arising from a discharge of oil, whether under this division or any other provision of federal, state, or local law, shall not be charged against royalties, rents, or net profits owed to the United States, the state, or any other public entity. (l) An action that a private or public individual or entity may have against a responsible party under this section may be brought directly by the individual or entity or by the state on behalf of the individual or entity. However, the state shall not pursue an action on behalf of a private individual or entity that requests the state not to pursue that action. (m) For purposes of this section, “vessels” means vessels as defined in Section 21 of the Harbors and Navigation Code. (Amended by Stats. 2025, Ch. 237, Sec. 4. (SB 839) Effective January 1, 2026.)
  116. 8670.56.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8.5. Damages [8670.56.5 - 8670.56.6] ( Article 8.5 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section gives qualified immunity for good-faith oil spill response efforts, but excludes certain conduct and lets the administrator certify, contract, indemnify, and in some cases extend immunity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 8.5. Damages [8670.56.5 - 8670.56.6] ( Article 8.5 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.56.6. (a) (1) Except as provided in subdivisions (b) and (d), and subject to subdivision (c), a person, including, but not limited to, an oil spill response organization, its agents, subcontractors, or employees, shall not be liable under this chapter or the laws of the state to any person for costs, damages, or other claims or expenses as a result of actions taken or omitted in good faith in the course of response efforts. (2) The qualified immunity under this section shall not apply to any response efforts that are inconsistent with the following: (A) The directions of the unified command, consisting of at least the Coast Guard and the administrator. (B) In the absence of a unified command, the directions of the administrator pursuant to Section 8670.27. (C) In the absence of directions pursuant to subparagraph (A) or (B), applicable oil spill contingency plans implemented under this division. (3) This section does not, in any manner or respect, affect or impair any cause of action against or any liability of any party or parties responsible for the spill, for the discharged oil, or for the vessel, terminal, pipeline, or facility from which the oil was discharged. The responsible party or parties shall remain liable for any and all damages arising from the discharge, including damages arising from improperly carried out response efforts, as otherwise provided by law. (b) This section does not, in any manner or respect, affect or impair any cause of action against or any liability of any party or parties responsible for the spill, or the responsible party’s agents, employees, or subcontractors, except persons immunized under subdivision (a) for response efforts, for the discharged oil, or for the vessel, terminal, pipeline, or facility from which the oil was discharged. (c) The responsible party or parties shall be subject to both of the following: (1) Notwithstanding subdivision (b) or (i) of Section 8670.56.5, or any other law, be strictly and jointly and severally liable for all damages arising pursuant to subdivision (h) of Section 8670.56.5 from the response efforts of its agents, employees, subcontractors, or an oil spill response organization of which it is a member or with which it has a contract or other arrangement for cleanup of its oil spills, unless it would have a defense to the original spill. (2) Remain strictly liable for any and all damages arising from the response efforts of a person other than a person specified in paragraph (1). (d) This section does not immunize an oil spill response organization or any other person from liability for acts of gross negligence or willful misconduct in connection with response efforts. (e) This section does not apply to any action for personal injury or wrongful death. (f) [Reserved] (g) Except for the responsible party, membership in an oil spill response organization shall not be grounds, in and of itself, for liability resulting from response efforts of the oil spill response organization. (h) For purposes of this section, there shall be a rebuttable presumption that an act or omission described in subdivision (a) was taken in good faith. (i) In any situation in which immunity is granted pursuant to subdivision (a) and a responsible party is not liable, is not liable for noneconomic damages caused by another, or is partially or totally insolvent, the fund provided for in Article 7 (commencing with Section 8670.46) shall reimburse, in accordance with its terms, claims of any injured person for which a person who is granted immunity pursuant to this section would otherwise be liable. (j) (1) The immunity granted by this section shall only apply to response efforts that are undertaken after the administrator certifies that contracts with persons who are qualified and responsible are in place to ensure an adequate and expeditious response to any foreseeable oil spill that may occur in waters of the state for which the responsible party (A) cannot be identified or (B) is unable or unwilling to respond, contain, and clean up the oil spill in an adequate and timely manner. In negotiating these contracts, the administrator shall procure, to the maximum extent practicable, the services of persons who are willing to respond to oil spills with no, or lesser, immunity than that conferred by this section, but, in no event, a greater immunity. The administrator shall make the certification required by this subdivision on an annual basis. Upon certification, the immunity conferred by this section shall apply to all response efforts undertaken during the calendar year to which the certification applies. In the absence of the certification required by this subdivision, the immunity conferred by this section shall not attach to any response efforts undertaken by any person in waters of the state. (2) In addition to the authority to negotiate contracts described in paragraph (1), the administrator may also negotiate and enter into indemnification agreements with persons who are qualified and financially responsible to respond to oil spills that may occur in waters of the state for which the responsible party (A) cannot be identified or (B) is unable or unwilling to respond, contain, and clean up the oil spill in an adequate and timely manner. (3) The administrator may indemnify response contractors for (A) all damages payable by means of settlement or judgment that arise from response efforts to which the immunity conferred by this section would otherwise apply, and (B) reasonably related legal costs and expenses incurred by the responder, provided that indemnification shall only apply to response efforts undertaken after the expiration of any immunity that may exist as the result of the contract negotiations authorized in this subdivision. In negotiating these contracts, the administrator shall procure, to the maximum extent practicable, the services of persons who are willing to respond to oil spills with no, or as little, right to indemnification as possible. All indemnification shall be paid by the administrator from the Oil Spill Response Trust Fund. (4) (A) The contracts required by this section, and any other contracts entered into by the administrator for response, containment, or cleanup of an existing spill, or for response of an imminent threat of a spill, the payment of which is to be made from the Oil Spill Response Trust Fund created pursuant to Section 8670.46, shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (B) The exemption specified in subparagraph (A) applies only to contracts for which the services are used for a period of less than 90 days, cumulatively, per year. (C) This paragraph shall not be construed as limiting the administrator’s authority to exercise the emergency powers granted pursuant to subdivision (c) of Section 8670.62, including the authority to enter into emergency contracts that are exempt from approval by the Department of General Services. (k) (1) With regard to a person who is regularly engaged in the business of responding to oil spills, the immunity conferred by this section shall not apply to any response efforts by that person that occur later than 60 days after the first day the person’s response efforts commence. (2) Notwithstanding the limitation contained in paragraph (1), the administrator may extend, upon making all the following findings, the period of time, not to exceed 30 days, during which the immunity conferred by this section applies to response efforts: (A) Due to inadequate or incomplete containment and stabilization, there exists a substantial probability that the size of the spill will significantly expand and (i) threaten previously uncontaminated resources, (ii) threaten already contaminated resources with substantial additional contamination, or (iii) otherwise endanger the public health and safety or harm the environment. (B) The remaining work is of a difficult or perilous nature that extension of the immunity is clearly in the public interest. (C) No other qualified and financially responsible contractor is prepared and willing to complete the response effort in the absence of the immunity, or a lesser immunity, as negotiated by contract. (3) The administrator shall provide five days’ notice of his or her proposed decision to either extend, or not extend, the immunity conferred by this section. Interested parties shall be given an opportunity to present oral and written evidence at an informal hearing. In making his or her proposed decision, the administrator shall specifically seek and consider the advice of the relevant Coast Guard representative. The administrator’s decision to not extend the immunity shall be announced at least 10 working days before the expiration of the immunity to provide persons an opportunity to terminate their response efforts as contemplated by paragraph (4). (4) A person or their agents, subcontractors, or employees shall not incur any liability under this chapter or any other provision of law solely as a result of that person’s decision to terminate their response efforts because of the expiration of the immunity conferred by this section. A person’s decision to terminate response efforts because of the expiration of the immunity conferred by this section shall not in any manner impair, curtail, limit, or otherwise affect the immunity conferred on the person with regard to the person’s response efforts undertaken during the period of time the immunity applied to those response efforts. (5) The immunity granted under this section shall attach, without the limitation contained in this subdivision, to the response efforts of any person who is not regularly engaged in the business of responding to oil spills. A person who is not regularly engaged in the business of responding to oil spills includes, but is not limited to, (A) a person who is primarily dedicated to the preservation and rehabilitation of wildlife and (B) a person who derives his or her livelihood primarily from fishing. (Amended by Stats. 2016, Ch. 209, Sec. 10. (AB 2912) Effective January 1, 2017.)
  117. 8670.57.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section lets the district attorney or Attorney General, when requested by the administrator, ask a superior court for orders to stop violations or require compliance, and the court may issue injunctions or similar orders.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.57. (a) When the administrator determines that any person has engaged in, is engaged in, or threatens to engage in, any acts or practices which constitute a violation of any provision of this chapter, Division 7.8 (commencing with Section 8750) of the Public Resources Code, or any rule, regulation, permit, or order issued, promulgated, or executed thereunder, and when requested by the administrator, the district attorney of the county in which those acts occur or occurred, or the Attorney General, may make application to the superior court for an order enjoining the acts or practices, or for an order directing compliance. Upon a showing by the administrator that the person has engaged in, is engaged in, or threatens to engage in any violation of the act, a permanent or preliminary injunction, restraining order, or other order may be granted. (b) For the purposes of this section, “threaten” means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or natural resources. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  118. 8670.58.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Certain civil actions must be brought by the city attorney, district attorney, or Attorney General when requested by the administrator.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.58. Every civil action commenced pursuant to this chapter or Division 7.8 (commencing with Section 8750) of the Public Resources Code at the request of the administrator shall be brought by the city attorney, the district attorney, or the Attorney General in the name of the people of the State of California, and any actions relating to the same event, transaction, or occurrence may be joined or consolidated. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  119. 8670.59.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section sets where certain civil actions must be filed, sets time limits for criminal and civil enforcement actions, defines “date of discovery,” and lets the administrator adopt implementation regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.59. (a) Any civil action brought pursuant to this chapter, or pursuant to Division 7.8 (commencing with Section 8750) of the Public Resources Code, shall be brought in the county in which the spill, discharge, or violation occurred, the county in which the principal place of business of the defendant is located, or the county in which the defendant is doing business in this state. (b) (1) Notwithstanding any other provision of law, all criminal actions for the prosecution of misdemeanor violations of this chapter or Division 7.8 (commencing with Section 8750) of the Public Resources Code shall be commenced within one year from the date of the discovery of the facts or circumstances that constitute the violation. (2) Notwithstanding any other provision of law, all criminal actions for the prosecution of felony violations of this chapter or Division 7.8 (commencing with Section 8750) of the Public Resources Code shall be commenced within three years from the date of the discovery of the facts or circumstances that constitute the violation. (c) Notwithstanding any other provision of law, except as provided in subdivision (d), any action to recover civil damages or penalties shall be commenced within three years from the date of discovery of the facts or circumstances that constitute a violation of this chapter or Division 7.8 (commencing with Section 8750) of the Public Resources Code. (d) Any action to recover civil damages or penalties pursuant to paragraph (3), (4), (5), (6), or (7) of subdivision (h) of Section 8670.56.5 because of effects on natural resources shall be commenced within five years from the date of the discovery of the facts or circumstances that are the basis for the cause of action. (e) Any action to compel the removal of oil or the restoration and rehabilitation of wildlife and wildlife habitat shall be commenced within five years from the date of discovery of the facts or circumstances that constitute a violation of this chapter or Division 7.8 (commencing with Section 8750) of the Public Resources Code. (f) For purposes of subdivisions (b), (c), (d), and (e), “date of discovery” means the actual date that facts sufficient to establish that a violation of this chapter or Division 7.8 (commencing with Section 8750) of the Public Resources Code has occurred are discovered by a peace officer appointed pursuant to Section 851 of the Fish and Game Code. (g) The administrator may adopt regulations prescribing procedures for the implementation of this section. (Amended by Stats. 2016, Ch. 209, Sec. 11. (AB 2912) Effective January 1, 2017.)
  120. 8670.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must keep trained oil spill response support personnel available and appoint a deputy administrator and an assistant deputy administrator.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.6. (a) The administrator shall ensure that he or she has available for support, either under direct employment, elsewhere in state government, or through contract for private or governmental services, personnel who are fully trained and familiar with oil spill response, containment, and cleanup technologies, procedures, and operations, risk evaluation and management, and emergency systems safety. (b) The administrator shall appoint a deputy administrator and an assistant deputy administrator to whom the administrator may delegate all or some responsibilities under this article. (c) The administrator, consistent with applicable civil service laws, shall appoint and discharge any officer, house staff counsel, or employee of the administrator, as determined to be necessary, to carry out this article. (d) The administrator, including staff and the costs of training and equipping the staff, shall be funded by the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  121. 8670.61.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section says the penalties in this chapter and Division 7.8 are additional to other civil or criminal remedies, and do not replace or limit them, except as provided by a specified Fish and Game Code subdivision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.61. The civil and criminal penalties provided in this chapter and Division 7.8 (commencing with Section 8750) of the Public Resources Code shall be separate from, and in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, except as provided in subdivision (j) of Section 5650.1 of the Fish and Game Code. (Amended by Stats. 2016, Ch. 349, Sec. 2. (AB 1842) Effective January 1, 2017.)
  122. 8670.61.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Responsible parties must fully mitigate spill damage to wildlife and related habitats, and the administrator may require a wildlife rehabilitation plan when significant rehabilitation is needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.61.5. (a) For purposes of this chapter, “wildlife rehabilitation” means those actions that are necessary to fully mitigate for the damage from a spill caused to wildlife, fisheries, wildlife habitat, and fisheries habitat. (b) Responsible parties shall fully mitigate adverse impacts to wildlife, fisheries, wildlife habitat, and fisheries habitat. Full mitigation shall be provided by successfully carrying out environmental projects or funding restoration activities required by the administrator in carrying out projects complying with the requirements of this section. Responsible parties are also liable for the costs incurred by the administrator or other government agencies in carrying out this section. (c) If any significant wildlife rehabilitation is necessary, the administrator may require the responsible party to prepare and submit to the administrator, and to implement, a wildlife rehabilitation plan. The plan shall describe the actions that will be implemented to fully meet the requirements of subdivision (b), describe contingency measures that will be carried out in the event that any of the plan actions are not fully successful, provide a reasonable implementation schedule, describe the monitoring and compliance program, and provide a financing plan. The administrator shall review and determine whether to approve the plan within 60 days of submittal. Before approving a plan, the administrator shall first find that the implementation of the plan will fully mitigate the adverse impacts to wildlife, fisheries, wildlife habitat, and fisheries habitat. If the habitat contains beaches that are or were used for recreational purposes, the Department of Parks and Recreation shall review the plan and provide comments to the administrator. (d) The plan shall place first priority on avoiding and minimizing any adverse impacts. For impacts that do occur, the plan shall provide for full onsite restoration of the damaged resource to the extent feasible. To the extent that full onsite restoration is not feasible, the plan shall provide for offsite in-kind mitigation to the extent feasible. To the extent that adverse impacts still have not been fully mitigated, the plan shall provide for the enhancement of other similar resources to the extent necessary to meet the requirements of subdivision (b). In evaluating whether a wildlife rehabilitation plan is adequate, the administrator may use the habitat evaluation methods or procedures established by the United States Fish and Wildlife Service or any other reasonable methods as determined by the Department of Fish and Wildlife. (e) The administrator shall prepare regulations to implement this section. The regulations shall include deadlines for the submittal of plans. In establishing the deadlines, the administrator shall consider circumstances such as the size of the spill and the time needed to assess damage and mitigation. (Amended by Stats. 2014, Ch. 35, Sec. 51. (SB 861) Effective June 20, 2014.)
  123. 8670.62.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    If a person discharges oil into state waters and the administrator orders action, that person must clean up the oil, reduce the discharge’s effects, and take other needed remedial action for a threatened discharge.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.62. (a) Any person who discharges oil into waters of the state, upon order of the administrator, shall do all of the following: (1) Clean up the oil. (2) Abate the effects of the discharge. (3) In the case of a threatened discharge, take other necessary remedial action. (b) Upon failure of any person to comply with a cleanup or abatement order, the Attorney General or a district attorney, at the request of the administrator, shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In any such suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant. (c) Consistent with the state contingency plan, the administrator may expend available money to perform any response; containment; cleanup; wildlife rehabilitation, which includes assessment of resource injuries and damages, or remedial work required pursuant to subdivision (a) that, in the administrator’s judgment, is required by the circumstances or the urgency of prompt action required to prevent pollution, nuisance, or injury to the environment of the state. The action may be taken in default of, or in addition to, remedial work by the responsible party or other persons, and regardless of whether injunctive relief is sought. The administrator may perform the work in cooperation with any other governmental agency, and may use rented tools or equipment, either with or without operators furnished. Notwithstanding any other law, the administrator may enter into oral contracts for the work, and the contracts, whether written or oral, may include provisions for equipment rental and the furnishing of labor and materials necessary to accomplish the work. The contracts shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (d) If the discharge is cleaned up, or attempted to be cleaned up, the effects thereof abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is taken by any governmental agency, the person or persons who discharged the waste, discharged the oil, or threatened to cause or permit the discharge of the oil within the meaning of subdivision (a) shall be liable to that governmental agency for the reasonable costs actually incurred in cleaning up that waste, abating the effects thereof, or taking other remedial action. The amount of the costs shall be recoverable in a civil action by, and paid to, the applicable governmental agency and the administrator, to the extent the administrator contributed to the cleanup costs from the Oil Spill Response Trust Fund or other available funds. (e) If, despite reasonable effort by the administrator to identify the party responsible for the discharge of oil or the condition of pollution or nuisance, the person is not identified at the time cleanup, abatement, or remedial work must be performed, the administrator shall not be required to issue an order under this section. The absence of a responsible party shall not in any way limit the powers of the administrator under this section. (f) For purposes of this section, “threaten” means a condition creating a substantial probability of harm, when the probability and potential extent of harm makes it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or natural resources. (Amended by Stats. 2014, Ch. 35, Sec. 52. (SB 861) Effective June 20, 2014.)
  124. 8670.63.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The Attorney General may enforce this chapter and seek injunctions, remedial action, and penalties, and must act when requested by the administrator to recover certain expenditures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.63. (a) No provision of this chapter, or of Division 7.8 (commencing with Section 8750) of the Public Resources Code, or any ruling of the administrator, shall be construed to limit, abridge, or supersede the power of the Attorney General, at the request of the administrator, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin any violation of this act, seek necessary remedial action by any person who violates any of the provisions of this act, or seek civil and criminal penalties against any person who violates any of the provisions of this act. (b) The Attorney General, at the request of the administrator, shall undertake actions to enforce this chapter and to recover from an owner, operator, or responsible party for a release of oil into state waters all expenditures made from a particular fund. The resolution of any recovery actions pursuant to this subdivision shall be approved by the administrator. (Amended by Stats. 2008, Ch. 565, Sec. 11. Effective January 1, 2009.)
  125. 8670.64.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section makes certain oil-spill-related conduct a crime and sets jail and fine penalties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.64. (a) A person who commits any of the following acts shall, upon conviction, be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code: (1) Except as provided in Section 8670.27, knowingly fails to follow the direction or orders of the administrator in connection with an oil spill. (2) Knowingly fails to notify the Coast Guard that a vessel is disabled within one hour of the disability and the vessel, while disabled, causes a discharge of oil that enters marine waters. For purposes of this paragraph, “vessel” means a vessel, as defined in Section 21 of the Harbors and Navigation Code, of 300 gross tons or more. (3) Knowingly engages in or causes the discharge or spill of oil into waters of the state, or a person who reasonably should have known that the person was engaging in or causing the discharge or spill of oil into waters of the state, unless the discharge is authorized by the United States, the state, or another agency with appropriate jurisdiction. (4) Knowingly fails to begin cleanup, abatement, or removal of spilled oil as required in Section 8670.25. (b) (1) The court shall also impose upon a person convicted of violating subdivision (a), a fine of not less than ten thousand dollars ($10,000) and not more than one million dollars ($1,000,000) for each violation. For purposes of this subdivision, each day or partial day that a violation occurs is a separate violation. (2) The court may also impose upon a person convicted of violating subdivision (a), a fine of up to one thousand dollars ($1,000) per gallon spilled in excess of 1,000 gallons of oil. (c) (1) A person who knowingly does any of the acts specified in paragraph (2) shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) and not more than five hundred thousand dollars ($500,000) or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. Each day or partial day that a violation occurs is a separate violation. If the conviction is for a second or subsequent violation of this subdivision, the person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) and no more than one million dollars ($1,000,000), or by both that fine and imprisonment: (2) The acts subject to this subdivision are all of the following: (A) Failing to notify the Office of Emergency Services in violation of Section 8670.25.5. (B) Knowingly making a false or misleading oil spill report to the Office of Emergency Services. (C) Continuing operations for which an oil spill contingency plan is required without an oil spill contingency plan approved pursuant to Article 5 (commencing with Section 8670.28). (D) Except as provided in Section 8670.27, knowingly failing to follow the material provisions of an applicable oil spill contingency plan. (Amended by Stats. 2020, Ch. 119, Sec. 1. (AB 3214) Effective January 1, 2021.)
  126. 8670.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    A person who knowingly violates covered oil spill response provisions or related orders and requirements may be convicted of a misdemeanor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.65. Except as otherwise provided in Section 8670.64, any person who knowingly violates any provision of this chapter, or Division 7.8 (commencing with Section 8750) of the Public Resources Code, or any permit, rule, regulation, standard, cease and desist order, or requirement issued or adopted pursuant to this act is, upon conviction, guilty of a misdemeanor, punishable by a fine of not more than fifty thousand dollars ($50,000) or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. (Amended by Stats. 1992, Ch. 1313, Sec. 8. Effective September 30, 1992.)
  127. 8670.66.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section sets civil penalties for spill-related violations and related failures to act, with higher and lower penalty caps depending on the conduct.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.66. (a) Any person who intentionally or negligently does any of the following acts shall be subject to a civil penalty for a spill of not less than fifty thousand dollars ($50,000) or more than one million dollars ($1,000,000), for each violation, and each day or partial day that a violation occurs is a separate violation: (1) Except as provided in Section 8670.27, fails to follow the direction or orders of the administrator in connection with a spill or inland spill. (2) Fails to notify the Coast Guard that a vessel is disabled within one hour of the disability and the vessel, while disabled, causes a spill that enters waters of the state. For purposes of this paragraph, “vessel” means a vessel, as defined in Section 21 of the Harbors and Navigation Code, of 300 gross tons or more. (3) Is responsible for a spill, unless the discharge is authorized by the United States, the state, or other agency with appropriate jurisdiction. (4) Fails to begin cleanup, abatement, or removal of oil as required in Section 8670.25. (b) Except as provided in subdivision (a), any person who intentionally or negligently violates any provision of this chapter, or Division 7.8 (commencing with Section 8750) of the Public Resources Code, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to those provisions, shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) for each violation of a separate provision, or, for continuing violations, for each day that violation continues. (c) A person shall not be liable for a civil penalty imposed under this section and for a civil penalty imposed pursuant to Section 8670.67 for the same act or failure to act. (Amended by Stats. 2014, Ch. 35, Sec. 54. (SB 861) Effective June 20, 2014.)
  128. 8670.67.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    People who intentionally or negligently cause the listed spill-related violations can face administrative civil penalties, with higher limits for subdivision (a) conduct and a separate penalty cap for other chapter or related-rule violations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.67. (a) Any person who intentionally or negligently does any of the following acts shall be subject to an administrative civil penalty for a spill not to exceed two hundred thousand dollars ($200,000), for each violation as imposed by the administrator pursuant to Section 8670.68, and each day or partial day that a violation occurs is a separate violation: (1) Except as provided in Section 8670.27, fails to follow the applicable contingency plans or the direction or orders of the administrator in connection with a spill or inland spill. (2) Fails to notify the Coast Guard that a vessel is disabled within one hour of the disability and the vessel, while disabled, causes a discharge that enters waters of the state. For purposes of this paragraph, “vessel” means a vessel, as defined in Section 21 of the Harbors and Navigation Code, of 300 gross tons or more. (3) Is responsible for a spill, unless the discharge is authorized by the United States, the state, or other agency with appropriate jurisdiction. (4) Fails to begin cleanup, abatement, or removal of spilled oil as required by Section 8670.25. (b) Except as provided in subdivision (a), any person who intentionally or negligently violates any provision of this chapter, or Division 7.8 (commencing with Section 8750) of the Public Resources Code, or any permit, rule, regulation, standard, cease and desist order, or requirement issued or adopted pursuant to those provisions, shall be liable for an administrative civil penalty as imposed by the administrator pursuant to Section 8670.68, not to exceed one hundred thousand dollars ($100,000) for each violation of a separate provision, or, for continuing violations, for each day that violation continues. (c) A person shall not be liable for a civil penalty imposed under this section and for a civil penalty imposed pursuant to Section 8670.66 for the same act or failure to act. (Amended by Stats. 2014, Ch. 35, Sec. 55. (SB 861) Effective June 20, 2014.)
  129. 8670.67.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    A person who causes or permits a spill is strictly liable, and the administrator may impose per-gallon penalties under the section’s limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.67.5. (a) Regardless of intent or negligence, any person who causes or permits a spill shall be strictly liable civilly in accordance with subdivision (b) or (c). (b) A penalty may be administratively imposed by the administrator in accordance with Section 8670.68 in an amount not to exceed twenty dollars ($20) per gallon for a spill. (c) Whenever the release of oil resulted from gross negligence or reckless conduct, the administrator shall, in accordance with Section 8670.68, impose a penalty in an amount not to exceed sixty dollars ($60) per gallon for a spill. (Amended by Stats. 2015, Ch. 609, Sec. 7. (SB 414) Effective January 1, 2016.)
  130. 8670.68.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    This section sets the complaint, hearing, liability-order, payment, and review steps for civil liability under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.68. (a) The administrator may issue a complaint to any person on whom civil liability may be imposed pursuant to Section 8670.67 or 8670.67.5. The complaint shall allege the facts or failures to act that constitute a basis for liability and the amount of the proposed civil liability. The complaint shall be served by personal service or certified mail and shall inform the party so served of the right to a hearing. Any person served with a complaint pursuant to this subdivision may, within 10 days after service of the complaint, request a hearing by filing with the administrator a notice of defense. A notice of defense is deemed to be filed within the 10-day period if it is postmarked within the 10-day period. If a hearing is requested by the respondent, it shall be conducted within 90 days after receipt of the notice of defense by the administrator. If no notice of defense is filed within 10 days after service of the complaint, the administrator shall issue an order setting liability in the amount proposed in the complaint unless the administrator and the party have entered into a settlement agreement, in which case the administrator shall issue an order setting liability in the amount specified in the settlement agreement. If the party has not filed a notice of defense or if the administrator and the party have entered into a settlement agreement, the order shall not be subject to review by any court or agency. (b) Any hearing required under this section shall be conducted by an independent hearing officer according to the procedures specified in Sections 11507 to 11517, inclusive, except as otherwise specified in this section. In making a determination, the hearing officer shall take into consideration the nature, circumstances, extent and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health and safety of the environment, and the violator’s ability to pay the proposed civil penalty. After conducting any hearing required under this section, the hearing officer shall, within 30 days after the case is submitted, issue a decision, including an order setting the amount of civil penalty to be imposed. (c) Orders setting civil liability issued pursuant to this section shall become effective and final upon issuance, and payment shall be made within 30 days of issuance. Copies of the orders shall be served by personal service or by certified mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy. (d) Within 30 days after service of a copy of a decision issued by the hearing officer, any person so served may file with a court of appeal a petition for writ of mandate for review of the decision. Any person who fails to file the petition within the 30-day period may not challenge the reasonableness or validity of a decision or order of the hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies. Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the hearing officer if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to this act or the accrual of any penalties assessed pursuant to this act. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. (e) Any order for administrative penalties entered pursuant to his section shall be subject to interest at the legal rate from the filing of the complaint as specified in subdivision (a). The prevailing party shall be entitled to reasonable attorney’s fees and costs. (Amended by Stats. 1992, Ch. 1313, Sec. 11. Effective September 30, 1992.)
  131. 8670.68.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    After review expires, the administrator may ask the court clerk for a judgment to collect administrative civil liability, and the clerk must enter it immediately if the application is properly supported.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.68.1. After the time for review has expired for a violation under this chapter or Division 36 (commencing with Section 71200) of the Public Resources Code, the administrator may apply to the clerk of the appropriate court for a judgment to collect the administrative civil liability imposed in accordance with Section 8670.68. The application, which shall include a certified copy of the administrator’s order setting liability, a hearing officer’s decision if any, or a settlement agreement if any, shall constitute a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. (Added by Stats. 2001, Ch. 748, Sec. 42. Effective January 1, 2002.)
  132. 8670.68.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    An operator of a small craft refueling dock must register as required, or face a $100 civil penalty.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.68.4. Any operator of a small craft refueling dock who fails to register in compliance with subdivision (c) of Section 8670.36.1 shall be subject to a civil penalty in the amount of one hundred dollars ($100). The administrator may levy the penalty administratively. (Added by Stats. 1992, Ch. 1313, Sec. 9. Effective September 30, 1992.)
  133. 8670.68.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Twenty-five percent of any penalty collected under this article must be paid to the agency or office prosecuting the action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.68.5. Twenty-five percent of any penalty collected under this article shall be paid to the agency or office prosecuting the action. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  134. 8670.69.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    A person may bring a public-interest action to enforce Section 8670.61.5, but only after giving notice and only if no other action is already being diligently prosecuted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.69. Actions on behalf of the state or any other public entity to enforce Section 8670.61.5 through injunctive relief, declaratory relief, and all costs of the action, may be brought by any person in the public interest if both of the following occur: (a) The action is commenced more than 60 days after the person has given notice of the violation which is the subject of the action to the Attorney General and the district attorney and city attorney in whose jurisdiction the violation is alleged to occur and to the alleged violator. (b) No action has been commenced against the violation, or if commenced, is not being diligently prosecuted by the Attorney General, or any district attorney, city attorney or other prosecutor. (c) This section applies to any actions brought with respect to any violations which have occurred, continue to occur or threaten to occur. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  135. 8670.69.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator may order a person to stop certain risky or noncompliant activity, and the order can include conditions, must be served immediately by certified mail, and expires after 90 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.69.4. (a) When the administrator determines that any person has undertaken, or is threatening to undertake, any activity or procedure that (1) requires a permit, certificate, approval, or authorization under this chapter, without securing a permit, or (2) is inconsistent with any of the permits, certificates, rules, regulations, guidelines, or authorizations previously issued or adopted by the administrator, or (3) threatens to cause or substantially increases the risk of unauthorized discharge of oil into the waters of the state, the administrator may issue an order requiring that person to cease and desist. (b) Any cease and desist order issued by the administrator may be subject to those terms and conditions as the administrator may determine are necessary to ensure compliance with this division. (c) Any cease and desist order issued by the administrator shall become null and void 90 days after issuance. (d) A cease and desist order issued by the administrator shall be effective upon the issuance thereof, and copies shall be served immediately by certified mail upon the person or governmental agency being charged with the actual or threatened violation. (e) Any cease and desist order issued by the administrator shall be consistent with subdivision (a) of Section 8670.27. (Amended by Stats. 2014, Ch. 35, Sec. 57. (SB 861) Effective June 20, 2014.)
  136. 8670.69.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    An aggrieved party may ask the superior court to review a cease and desist order within 30 days after service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 9. Enforcement [8670.57 - 8670.69.6] ( Article 9 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.69.6. Within 30 days after service of a copy of a cease and desist order issued by the administrator under Section 8670.69.4, any aggrieved party may file with the superior court a petition for writ of mandate for review thereof pursuant to Section 1094.5 of the Code of Civil Procedure. Failure to file such an action shall not preclude a party from challenging the reasonableness and validity of an order of the administrator in any judicial proceeding brought to enforce the order or for other civil remedies. (Added by Stats. 1990, Ch. 1248, Sec. 17. Effective September 24, 1990.)
  137. 8670.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator must direct oil spill response, coordinate with other agencies, appear for major spills, keep affected agencies informed, and set up planning, workshops, guidelines, and a coordination agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.7. (a) The administrator, subject to the Governor, has the primary authority to direct prevention, removal, abatement, response, containment, and cleanup efforts with regard to all aspects of any oil spill in waters of the state, in accordance with any applicable facility or vessel contingency plan and the California oil spill contingency plan. The administrator shall cooperate with any federal on-scene coordinator, as specified in the National Contingency Plan. (b) The administrator shall implement the California oil spill contingency plan, required pursuant to Section 8574.1, to the fullest extent possible. (c) The administrator shall do both of the following: (1) Be present at the location of any oil spill of more than 100,000 gallons in waters of the state, as soon as possible after notice of the discharge. (2) Ensure that persons trained in oil spill response and cleanup, whether employed by the responsible party, the state, or another private or public person or entity, are onsite to respond to, contain, and clean up any oil spill in waters of the state, as soon as possible after notice of the discharge. (d) Throughout the response and cleanup process, the administrator shall apprise the air quality management district or air pollution control district having jurisdiction over the area in which the oil spill occurred and the local government agencies that are affected by the spill. (e) The administrator, with the assistance, as needed, of the Office of the State Fire Marshal, the Public Utilities Commission, the State Lands Commission, or other state agency, and the federal on-scene coordinator, shall determine the cause and amount of the discharge. (f) The administrator shall have the state authority over the use of all response methods, including, but not limited to, in situ burning, dispersants, and any oil spill cleanup agents in connection with an oil discharge. The administrator shall consult with the federal on-scene coordinator prior to exercising authority under this subdivision. (g) (1) The administrator shall conduct workshops, consistent with the intent of this chapter, with the participation of appropriate local, state, and federal agencies, including the State Air Resources Board, air pollution control and air quality management districts, and affected private organizations, on the subject of oil spill response technologies, including in situ burning. The workshops shall review the latest research and findings regarding the efficacy and toxicity of oil spill cleanup agents and other technologies, their potential public health and safety and environmental impacts, and any other relevant factors concerning their use in oil spill response. In conducting these workshops, the administrator shall solicit the views of all participating parties concerning the use of these technologies, with particular attention to any special considerations that apply to coastal areas and waters of the state. (2) The administrator shall publish guidelines and conduct periodic reviews of the policies, procedures, and parameters for the use of in situ burning, which may be implemented in the event of an oil spill. (h) (1) The administrator shall ensure that, as part of the response to any significant spill, biologists or other personnel are present and provided any support and funding necessary and appropriate for the assessment of damages to natural resources and for the collection of data and other evidence that may help in determining and recovering damages. (2) (A) The administrator shall coordinate all actions required by state or local agencies to assess injury to, and provide full mitigation for injury to, or to restore, rehabilitate, or replace, natural resources, including wildlife, fisheries, wildlife or fisheries habitat, beaches, and coastal areas, that are damaged by an oil spill. For purposes of this subparagraph, “actions required by state or local agencies” include, but are not limited to, actions required by state trustees under Section 1006 of the Oil Pollution Act of 1990 (33 U.S.C. Sec. 2706) and actions required pursuant to Section 8670.61.5. (B) For spills affecting coastal resources, the administrator shall invite the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable according to jurisdiction, to participate in the natural resource damage assessment process regarding injuries to coastal resources and potential restoration and mitigation measures for inclusion in the damage assessment and restoration plan. (C) The responsible party shall be liable for all coordination costs incurred by the administrator. (3) This subdivision does not give the administrator any authority to administer state or local laws or to limit the authority of another state or local agency to implement and enforce state or local laws under its jurisdiction, nor does this subdivision limit the authority or duties of the administrator under this chapter or limit the authority of an agency to enforce existing permits or permit conditions. (i) (1) The administrator shall enter into a memorandum of understanding with the executive director of the State Water Resources Control Board, acting for the State Water Resources Control Board and the California regional water quality control boards, and with the approval of the State Water Resources Control Board, to address discharges, other than dispersants, that are incidental to, or directly associated with, the response, containment, and cleanup of an existing or threatened oil spill conducted pursuant to this chapter. (2) The memorandum of understanding entered into pursuant to paragraph (1) shall address any permits, requirements, or authorizations that are required for the specified discharges. The memorandum of understanding shall be consistent with requirements that protect state water quality and beneficial uses and with any applicable provisions of the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) or the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and shall expedite efficient oil spill response. (Amended by Stats. 2018, Ch. 311, Sec. 1. (AB 2864) Effective January 1, 2019.)
  138. 8670.7.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    The administrator may adopt regulations to implement this chapter, and certain emergency regulations get special treatment and exemptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.7.5. (a) The administrator may adopt regulations to implement this chapter pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). (b) (1) An emergency regulation adopted pursuant to amendments made to this chapter by Senate Bill 861 of the 2013–14 Regular Session shall be deemed an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for the purposes of Sections 11346.1 and 11349.6, and the administrator is hereby exempt from the requirement that he or she describe facts showing the need for immediate action and from review by the Office of Administrative Law. (2) Notwithstanding Section 11346.1, an emergency regulation adopted pursuant to paragraph (1) shall remain in effect for 12 months or until readopted by the administrator, whichever is earlier. (Added by Stats. 2014, Ch. 35, Sec. 9. (SB 861) Effective June 20, 2014.)
  139. 8670.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 10. Environmental Enhancement Fund [8670.70 - 8670.73] ( Article 10 added by Stats. 1990, Ch. 1248, Sec. 17. )

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    Creates the Environmental Enhancement Fund in the State Treasury and limits how the money in it may be used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 10. Environmental Enhancement Fund [8670.70 - 8670.73] ( Article 10 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.70. The Environmental Enhancement Fund is hereby created in the State Treasury. All penalties collected under Article 9 (commencing with Section 8670.57) shall be deposited into the Environmental Enhancement Fund, except as specified in Section 8670.68.5. The moneys in the fund shall only be used for environmental enhancement projects. The moneys shall not be used for the cleanup of an oil spill or the restoration required after an oil spill. The moneys in the fund shall be available to the administrator for environmental enhancement projects, upon appropriation by the Legislature. (Amended by Stats. 2025, Ch. 237, Sec. 5. (SB 839) Effective January 1, 2026.)
  140. 8670.71.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 10. Environmental Enhancement Fund [8670.70 - 8670.73] ( Article 10 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator may fund only projects approved by the Environmental Enhancement Committee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 10. Environmental Enhancement Fund [8670.70 - 8670.73] ( Article 10 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.71. (a) The administrator shall fund only those projects approved by the Environmental Enhancement Committee. (b) For purposes of this article, an enhancement project is a project that acquires habitat for preservation, or improves habitat quality and ecosystem function above baseline conditions, and that meets all of the following requirements: (1) Is located within or immediately adjacent to waters of the state, as defined in Section 8670.3. (2) Has measurable outcomes within a predetermined timeframe. (3) Is designed to acquire, restore, or improve habitat or restore ecosystem function, or both, to benefit fish and wildlife. (Amended by Stats. 2014, Ch. 35, Sec. 59. (SB 861) Effective June 20, 2014.)
  141. 8670.72.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 10. Environmental Enhancement Fund [8670.70 - 8670.73] ( Article 10 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The Environmental Enhancement Committee is created and must set up a process to solicit, submit, review, and select environmental enhancement projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 10. Environmental Enhancement Fund [8670.70 - 8670.73] ( Article 10 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.72. (a) The Environmental Enhancement Committee is hereby created. The committee shall consist of the following members: (1) The administrator. (2) A public member, to be appointed by the administrator, who shall be an officer or elected leader of a statewide nonprofit organization whose primary purpose is the protection and/or enhancement of natural resources. (3) The executive officer of the State Coastal Conservancy, or his or her designee. (b) The Environmental Enhancement Committee shall establish a process for the solicitation, submittal, review, and selection of environmental enhancement projects. Selection criteria shall be developed to ensure that projects meet the intent of this article. (Amended by Stats. 2004, Ch. 796, Sec. 39. Effective January 1, 2005.)
  142. 8670.73.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 10. Environmental Enhancement Fund [8670.70 - 8670.73] ( Article 10 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    This section establishes the Environmental Enhancement Grant Program and sets rules for when grants may be awarded and how grant money must be used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 10. Environmental Enhancement Fund [8670.70 - 8670.73] ( Article 10 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.73. (a) The Environmental Enhancement Grant Program is hereby established. Project proposals shall be solicited when adequate funds have accumulated in the Environmental Enhancement Fund to cover the cost of an appropriate project or projects. (b) Grants shall be awarded to nonprofit organizations, cities, counties, cities and counties, districts, state agencies, departments, and federally recognized tribes; and, to the extent permitted by federal law, to federal agencies on a competitive basis using the selection process established by the Environmental Enhancement Committee. The selection criteria will be enumerated in all requests for proposals distributed to potential applicants. The administrator may grant funds for those projects that are selected by the Environmental Enhancement Committee and that meet the requirements of this article. State departments and agencies receiving grants under this section for environmental enhancement projects, shall, to the maximum extent feasible, utilize the services of the California Conservation Corps in accordance with Section 14315 of the Public Resources Code. (c) Grant recipients shall use the grant award to fund only the project described in the recipient’s application. (d) Grant recipients shall not use the grant funds to shift money to or otherwise cover costs of an existing or proposed project or activity not included in the application. (e) Any grant funds allocated to a project that exceed the actual cost of completing the project as outlined in the recipient’s application shall be returned to the Environmental Enhancement Fund, and shall not be used by the grant recipient for any other purpose. (f) If a member of the Environmental Enhancement Committee, or a member of their immediate family, is employed by a grant applicant, the employer of a grant applicant, or a consultant or independent contractor employed by the grant applicant, the committee member shall make that disclosure to the other members of the committee and shall not participate or make recommendations on the grant proposal of that applicant. (g) For habitat acquisition, the Environmental Enhancement Committee shall be subject to the same provisions as prescribed in Section 31116 of the Public Resources Code. (Amended by Stats. 2025, Ch. 237, Sec. 6. (SB 839) Effective January 1, 2026.)
  143. 8670.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator must run training programs for oil spill response and related activities, and local spill response managers have duties to participate in drills and provide information during spills.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.8. (a) The administrator shall carry out programs to provide training for individuals in response, containment, and cleanup operations and equipment, equipment deployment, and the planning and management of these programs. These programs may include training for members of the California Conservation Corps, other response personnel employed by the state, personnel employed by other public entities, personnel from marine facilities, commercial fishermen and other mariners, and interested members of the public. Training may be offered for volunteers. (b) The administrator may offer training to anyone who is required to take part in response and cleanup efforts under the California oil spill contingency plan or under local government contingency plans prepared and approved under this chapter. (c) Upon request by a local government, the administrator may provide a program for training and certification of a local emergency responder designated as a local spill response manager by a local government with jurisdiction over or directly adjacent to waters of the state. (d) Trained and certified local spill response managers shall participate in all drills upon request of the administrator. (e) As part of the training and certification program, the administrator shall authorize a local spill response manager to train and certify volunteers. (f) In the event of an oil spill, local spill response managers trained and certified pursuant to subdivision (c) shall provide the state onscene coordinator with timely information on activities and resources deployed by local government in response to the oil spill. The local spill response manager shall cooperate with the administrator and respond in a manner consistent with the area contingency plan to the extent possible. (g) Funding for activities undertaken pursuant to subdivisions (a) to (c), inclusive, shall be from the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38. (h) All training provided by the administrator shall follow the requirements of applicable federal and state occupational safety and health standards adopted by the Occupational Safety and Health Administration of the Department of Labor and the Occupational Safety and Health Standards Board. (Amended by Stats. 2014, Ch. 35, Sec. 10. (SB 861) Effective June 20, 2014.)
  144. 8670.8.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator may award grants for oil spill response equipment and may ask the Legislature to appropriate funding for that purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.8.3. The administrator may offer grants to a local government, federally recognized tribe, or other public entity with jurisdiction over or directly adjacent to waters of the state to provide oil spill response equipment to be deployed by a local spill response manager certified pursuant to Section 8670.8. The administrator may request the Legislature to appropriate funds from the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38 for the purposes of this section. (Amended by Stats. 2025, Ch. 237, Sec. 2. (SB 839) Effective January 1, 2026.)
  145. 8670.8.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator may use volunteer workers for oil spill response and cleanup efforts in waters of the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.8.5. The administrator may use volunteer workers in response, containment, restoration, wildlife rehabilitation, and cleanup efforts for oil spills in waters of the state. The volunteers shall be deemed employees of the state for the purpose of workers’ compensation under Article 2 (commencing with Section 3350) of Chapter 2 of Part 1 of Division 4 of the Labor Code. Any payments for workers’ compensation pursuant to this section shall be made from the Oil Spill Response Trust Fund created pursuant to Section 8670.46. (Amended by Stats. 2014, Ch. 35, Sec. 12. (SB 861) Effective June 20, 2014.)
  146. 8670.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. )

    Verify source ↗

    The administrator must discuss and coordinate interstate agreements on oil spill prevention and response with specified states and neighboring authorities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1 - 8670.73] ( Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## ARTICLE 2. Duties of the Administrator [8670.6 - 8670.14] ( Article 2 added by Stats. 1990, Ch. 1248, Sec. 17. ) ## 8670.9. (a) The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements regarding oil spill prevention and response. The agreements shall address, including, but not limited to, all of the following: (1) Coordination of vessel safety and traffic. (2) Spill prevention equipment and response required on vessels and at facilities. (3) The availability of oil spill response and cleanup equipment and personnel. (4) Other matters that may relate to the transport of oil and oil spill prevention, response, and cleanup. (b) The administrator shall coordinate the development of these agreements with the Coast Guard, the Province of British Columbia in Canada, and the Republic of Mexico. (Amended by Stats. 2014, Ch. 35, Sec. 13. (SB 861) Effective June 20, 2014.)
  147. 8680.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    This chapter may be cited as the California Disaster Assistance Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. ) ## 8680. This chapter shall be known and may be cited as the California Disaster Assistance Act. (Amended by Stats. 2005, Ch. 158, Sec. 3.3. Effective January 1, 2006.)
  148. 8680.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted, unless the provision or context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. ) ## 8680.1. Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this chapter. (Added by Stats. 1974, Ch. 290.)
  149. 8680.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    This section defines “local agency” as certain California public entities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. ) ## 8680.2. “Local agency” means any city, city and county, county, county office of education, community college district, school district, or special district. (Amended by Stats. 1990, 1st Ex. Sess., Ch. 33, Sec. 1. Effective December 1, 1990.)
  150. 8680.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    This section defines “disaster” as certain severe events, including fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or similar public calamities, when the Governor determines they threaten public safety.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. ) ## 8680.3. “Disaster” means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. (Amended by Stats. 2002, Ch. 461, Sec. 4. Effective January 1, 2003.)
  151. 8680.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    “Project” is defined for disaster assistance purposes, and completing part or all of a project before applying for funds does not disqualify it, except as provided in Section 8686.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. ) ## 8680.4. “Project” means the repair or restoration, or both, other than normal maintenance, or the replacement of, real property of a local agency used for essential governmental services, including, but not limited to, buildings, levees, flood control works, channels, irrigation works, streets, roads, bridges, highways, and other public works, that are damaged or destroyed by a disaster. “Project” also includes those activities and expenses allowed under subdivisions (a), (c), (d), and (e) of Section 8685. Except as provided in Section 8686.3, the completion of all or part of a project prior to application for funds pursuant to this chapter shall not disqualify the project or any part thereof. (Amended by Stats. 2005, Ch. 158, Sec. 3.4. Effective January 1, 2006.)
  152. 8680.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    “Project application” means a local agency’s written application to the director for state financial assistance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. ) ## 8680.5. “Project application” means the written application made by a local agency to the director for state financial assistance, which shall include all damage to public real property that resulted from a disaster within the total jurisdiction of the local agency making application and other activities and expenses as allowed in Section 8685. (Amended by Stats. 2005, Ch. 158, Sec. 3.5. Effective January 1, 2006.)
  153. 8680.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    “Director” means the Director of Emergency Services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. ) ## 8680.7. “Director” means the Director of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 185. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  154. 8680.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    “State agency” includes several named California departments and other state offices, and the director must assign applications to the appropriate agencies for investigation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. ) ## 8680.8. “State agency” means the Department of Transportation, the Department of Water Resources, the Department of General Services, the Department of Health, the Department of Finance, or other state agency or office including, but not limited to, the University of California. The Department of Transportation’s area of responsibility concerns streets, roads, bridge and mass transit repairs. The Department of Water Resources’ area of responsibility concerns dams, levees, flood control works, channels, irrigation works, and other similar projects. The Department of General Services’ area of responsibility concerns buildings, sewer, water systems, and district road and access facility construction, alteration, repair and improvement thereof, and all other projects. The director shall assign applications to the appropriate agencies for investigation. (Amended by Stats. 1989, 1st Ex. Sess., Ch. 24, Sec. 4. Effective November 7, 1989.)
  155. 8680.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    “Local emergency” is defined as a condition of extreme peril to persons or property proclaimed by the affected local agency’s governing body, under Section 8630.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 1. General Provisions and Definitions [8680 - 8680.9] ( Article 1 added by Stats. 1974, Ch. 290. ) ## 8680.9. “Local emergency” means a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected, in accordance with Section 8630. (Amended by Stats. 2001, Ch. 822, Sec. 1. Effective January 1, 2002.)
  156. 8682.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The director must administer this chapter and may delegate powers or duties under it to a state agency or to an officer or employee of the Office of Emergency Services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. ) ## 8682. The director shall administer this chapter. The director may delegate any power or duty vested in him or her under this chapter to a state agency or to any other officer or employee of the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 186. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  157. 8682.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    A state agency must, when requested by the director and if funds are allocated, provide services and perform duties within its area of responsibility when needed to carry out the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. ) ## 8682.2. To the extent that funds are allocated therefor, a state agency, when requested by the director, shall render services and perform duties within its area of responsibility when considered necessary to carry out the purposes of this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 187. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  158. 8682.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    A project proposal between a local agency and the director must include a promise that the local agency will hold the state harmless for damages from the funded work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. ) ## 8682.6. The project proposal executed between a local agency and the director pursuant to Section 8685.6 shall contain a provision under which the local agency agrees to hold the state harmless from damages due to the work for which funds are allocated. (Amended by Stats. 2013, Ch. 352, Sec. 188. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  159. 8682.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    When the director certifies a claim, local agencies must present it to the Controller for payment. The director may also ask the Controller to audit any claim.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. ) ## 8682.8. When certified by the director, claims of local agencies for payment shall be presented to the Controller for payment out of funds made available therefor. The director may request the Controller to audit any claim to ensure that funds were expended in accordance with the requirements and purposes of this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 189. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  160. 8682.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The director must adopt necessary regulations for administering the disaster assistance program under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 2. Administration [8682 - 8682.9] ( Article 2 added by Stats. 1974, Ch. 290. ) ## 8682.9. The director shall adopt regulations, as necessary, to govern the administration of the disaster assistance program authorized by this chapter in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). These regulations shall include specific project eligibility requirements, a procedure for local governments to request the implementation of programs under this chapter, and a method for evaluating these requests by the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 190. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  161. 8683.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 3. Allocations to State Agencies [8683 - 8684.2] ( Article 3 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The director must allocate available chapter funds to state agencies when funds are available, and may also make allocations in a state of emergency and for administration of the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 3. Allocations to State Agencies [8683 - 8684.2] ( Article 3 added by Stats. 1974, Ch. 290. ) ## 8683. (a) Whenever funds are available for purposes of this chapter, the director shall make allocations from the funds available in the amounts that he or she determines to be necessary to state agencies for expenditure for making the investigations, estimates, and reports required by this chapter. Those allocations may also be made to provide for preliminary investigations, estimates, reports, training of state agency personnel, or to reimburse the state agencies for expenditures made in anticipation of actual applications by local agencies. Allocations may also be made for the purpose of making any investigations, estimates, and reports that may be necessary to enable local agencies to obtain federal aid for disaster relief purposes, regardless of whether or not that aid is available for projects that are eligible for state allocations pursuant to this chapter. The director may make allocations to any state agency or office from those funds, or other funds available therefor, in the amounts that are necessary to administer this chapter. (b) When a proclamation of a state of emergency has been issued by the Governor under the California Emergency Services Act (Chapter 7 (commencing with Section 8550)) and funds are available for purposes of this chapter, the director may make allocations from the funds available in the amounts that the director determines necessary to state agencies for expenditures incurred performing extraordinary emergency measures. An allocation pursuant to this subdivision is at the discretion of the director, but an allocation shall not reimburse either of the following: (1) Employee costs related to emergency work activities. (2) Any permanent repairs to the agency’s own facilities. (Amended by Stats. 2014, Ch. 3, Sec. 2. (SB 104) Effective March 1, 2014.)
  162. 8684.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 3. Allocations to State Agencies [8683 - 8684.2] ( Article 3 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The Governor may direct disaster-relief funds to a small business loan guarantee program, the bank may issue implementation directives, and the bank must report approved and rejected guarantees to the Legislature while guarantees remain outstanding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 3. Allocations to State Agencies [8683 - 8684.2] ( Article 3 added by Stats. 1974, Ch. 290. ) ## 8684.2. (a) It is the intent of the Legislature: (1) To provide the Governor with appropriate emergency powers in order to enable utilization of available emergency funding to provide guarantees for interim loans to be made by lending institutions, in connection with relief provided for those persons affected by disasters or a state of emergency in affected areas during periods of disaster relief assistance, for the purpose of supplying interim financing to enable small businesses to continue operations pending receipt of federal disaster assistance. (2) That the Governor should utilize this authority to prevent business insolvencies and loss of employment in areas affected by these disasters. (b) In addition to the allocations authorized by Section 8683 and the loan guarantee provisions of Section 63089.90, the Governor may allocate funds made available for the purposes of this chapter, in connection with relief provided, in affected areas during the period of federal disaster relief, to the Small Business Expansion Fund for use by the California Infrastructure and Economic Development Bank, pursuant to Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code and Chapter 6 (commencing with Section 63088) of Division 1 of Title 6.7 of this code, to provide guarantees for low-interest interim loans to be made by lending institutions for the purpose of providing interim financing to enable small businesses that have suffered actual physical damage or significant economic losses, as a result of the disaster or state of emergency for which funding under this section is made available, to continue or resume operations pending receipt of loans made or guaranteed by the federal Small Business Administration. The maximum amount of any loan guarantee funded under this paragraph shall be limited by the directives and requirements. Each loan guarantee shall not exceed 95 percent of the loan amount, except that a loan guarantee may be for 100 percent of the loan amount if the applicant can demonstrate that access to business records pertinent to the loan application has been precluded by official action prohibiting necessary reentry into the affected business premises or that those business records pertinent to the loan application have been destroyed. The term of the interim loan shall be determined by the lending institution providing the loan or shall be made payable on the date the proceeds of a loan made or guaranteed by the federal Small Business Administration with respect to the same damage or loss are made available to the borrower, whichever event first occurs. (c) Loan guarantees for which the initial 12-month term has expired and for which an application for disaster assistance funding from the federal Small Business Administration is still pending may be extended until the federal Small Business Administration has reached a final decision on the application. Applications for guarantees of interim loans shall be processed in an expeditious manner. Wherever possible, lending institutions shall fund nonconstruction loans within 60 calendar days of application. Loan guarantees for loans that have been denied funding by the federal Small Business Administration, may be extended by the financial institution provided that the loan is for no longer than a maximum of seven years, if the business demonstrates the ability to repay the loan with an extended loan term, and a new credit analysis is provided. All loan guarantees whose term has been extended under this provision shall be repaid in installments of principal and interest, and be fully amortized over the term of the loan. Nothing in this section shall preclude the lender from charging reasonable administrative fees in connection with the loan. (d) Allocations pursuant to this section shall, for purposes of all provisions of law, be deemed to be for extraordinary emergency or disaster response operation costs, as provided in Section 8690.6, incurred by state employees assigned to work on the guarantees authorized by this section. (e) The California Infrastructure and Economic Development Bank, which is located within the Governor’s Office of Business and Economic Development, may adopt directives and requirements to implement the disaster loan guarantee program authorized by this section. (f) As long as there are any outstanding small business disaster loan guarantees, as authorized by Section 8684.2 or 63089.90, the bank shall provide a report to the Legislature on loan guarantees approved and rejected by gender, ethnic group, type of business and location, and each participating loan institution. The report may be combined with the report required in Section 63089.98. (Amended by Stats. 2013, Ch. 537, Sec. 3. (AB 1247) Effective October 4, 2013.)
  163. 8685.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The director must allocate available funds for eligible projects, and school district applications must go to the Superintendent of Public Instruction for review and approval before funds are allocated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8685. From any moneys appropriated for that purpose, and subject to the conditions specified in this article, the director shall allocate funds to meet the cost of any one or more projects as defined in Section 8680.4. Applications by school districts shall be submitted to the Superintendent of Public Instruction for review and approval, in accordance with instructions or regulations developed by the Office of Emergency Services, prior to the allocation of funds by the director. Moneys appropriated for the purposes of this chapter may be used to provide financial assistance for the following local agency and state costs: (a) Local agency personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, excluding the normal hourly wage costs of employees engaged in emergency work activities. (b) To repair, restore, reconstruct, or replace facilities belonging to local agencies damaged as a result of disasters as defined in Section 8680.3. Mitigation measures performed pursuant to subdivision (b) of Section 8686.4 shall qualify for funding pursuant to this chapter. (c) Matching fund assistance for cost sharing required under federal disaster assistance programs, as otherwise eligible under this act. (d) Indirect administrative costs and any other assistance deemed necessary by the director. (e) Necessary and required site preparation costs for mobilehomes, travel trailers, and other manufactured housing units provided and operated by the Federal Emergency Management Agency. (Amended by Stats. 2013, Ch. 352, Sec. 191. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  164. 8685.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    A local agency allocation may be made for a project if the local agency proclaims a local emergency within 10 days after a disaster and the proclamation is acceptable to the director, or if the Governor orders it after a state of emergency proclamation, and the Legislature has appropriated money for the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8685.2. An allocation may be made to a local agency for a project when, within 10 days after the actual occurrence of a disaster, the local agency has proclaimed a local emergency and that proclamation is acceptable to the director or upon the order of the Governor when a state of emergency proclamation has been issued, and if the Legislature has appropriated money for allocation for purposes of this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 192. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  165. 8685.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    A local agency must apply to the director for state financial assistance within 60 days after a local emergency is proclaimed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8685.4. A local agency shall make application to the director for state financial assistance within 60 days after the date of the proclamation of a local emergency. The director may extend the time for this filing only under unusual circumstances. No financial aid shall be provided until a state agency, upon the request of the director, has first investigated and reported upon the proposed work, has estimated the cost of the work, and has filed its report with the director within 60 days from the date the local agency made application, unless the director extends the time because of unusual circumstances. The estimate of cost of the work may include expenditures made by the local agency for the work prior to the making of the estimate. If the reporting state agency fails to report its findings within the 60-day period, and time is not extended by the director, the director may complete the investigation and recover a proportionate amount allocated to the state agency for the balance of the investigation. “Unusual circumstances,” as used above, are unavoidable delays that result from recurrence of a disaster, prolonged severe weather within a one-year period, or other conditions beyond the control of the applicant. Delays resulting from administrative procedures are not unusual circumstances which warrant extensions of time. (Amended by Stats. 2013, Ch. 352, Sec. 193. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  166. 8685.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    Money cannot be allocated for a project until the local agency gives written acceptance, using the form the director prescribes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8685.6. No money shall be allocated for a project until the local agency has indicated in writing its acceptance of the project proposal and the cost-sharing related thereto in such form as the director prescribes. The project proposal shall provide for the performance of the work by the local agency, or by the state agency in whose area of responsibility such work falls, if the local agency and such state agency determine that the work should be performed by the state agency. The project proposal shall also provide for the methods of handling the funds allocated and the matching funds provided by the local agency. It shall also contain such other provisions as are deemed necessary to assure completion of the work included in the project and the proper expenditure of funds as provided herein. (Amended by Stats. 2013, Ch. 352, Sec. 194. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  167. 8685.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    Work done by a state agency for a local agency must be put in writing and follow the State Contract Act; work done by a local agency must follow the laws and regulations that govern that work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8685.7. Any work performed by a state agency at the request of a local agency shall be agreed upon in writing and be subject to the State Contract Act. Work performed by a local agency shall be subject to the law governing the performance of that work by the local agency and applicable state and federal laws or regulations. Neither the state nor any officer or employee thereof shall have any responsibility in connection with any work performed by a local agency. (Amended by Stats. 1989, Ch. 1123, Sec. 5. Effective September 30, 1989.)
  168. 8685.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    A local agency may receive an advance of funds to start a project, but only under procedures prescribed by the director and only up to 90% of the estimated state share.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8685.8. Under procedures to be prescribed by the director, a local agency may receive an advance of funds to initiate a project. Such advances shall be limited to not more than 90 percent of the estimated state’s share of the project, as determined pursuant to Section 8686. (Amended by Stats. 2013, Ch. 352, Sec. 195. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  169. 8685.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    For eligible projects, the state share cannot be more than 75% of total state eligible costs unless the local agency has an adopted local hazard mitigation plan meeting the stated requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8685.9. Notwithstanding any other provision of law, including Section 8686, for any eligible project, the state share shall not exceed 75 percent of total state eligible costs unless the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan in accordance with the federal Disaster Mitigation Act of 2000 (P.L. 106-390) as part of the safety element of its general plan adopted pursuant to subdivision (g) of Section 65302. In that situation, the Legislature may provide for a state share of local costs that exceeds 75 percent of total state eligible costs. (Added by Stats. 2006, Ch. 739, Sec. 1. Effective January 1, 2007.)
  170. 8686.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The state generally may cover no more than 75% of eligible project costs, with specific disaster exceptions allowing up to 100%, and it must not allocate funds for applications where the state share would be under $2,500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8686. (a) For any eligible project, the state share shall amount to no more than 75 percent of total state eligible costs. (b) Notwithstanding subdivision (a), the state share shall be up to 100 percent of total state eligible costs connected with the following events: (1) The October 17, 1989, Loma Prieta earthquake. (2) The October 20, 1991, East Bay fire. (3) The fires that occurred in southern California from October 1, 1993, to November 30, 1993, inclusive. (4) The January 17, 1994, Northridge earthquake. (5) Storms that occurred in California during the periods commencing January 3, 1995, and February 13, 1995, as specified in agreements between this state and the United States for federal financial assistance. (6) The storms that occurred in California in December of 1996 and early January of 1997, as specified in agreements between this state and the United States for federal financial assistance. (7) The winter storms and flooding that occurred from February 1, 1998, to April 30, 1998, inclusive, as specified in agreements between this state and the United States for federal financial assistance. (8) The wildfires that occurred in southern California commencing October 21, 2003, as specified in agreements between this state and the United States for federal financial assistance. (9) The December 22, 2003, San Simeon earthquake, as specified in agreements between this state and the United States for federal financial assistance. (10) The severe storms, flooding, debris flows, and mudslides that occurred during December 27, 2004, to January 11, 2005, inclusive, in southern California, as specified in agreements between this state and the United States for federal financial assistance. (11) The severe storms, flooding, landslides, and mud and debris flows that occurred in southern California during the period from February 16 to February 23, 2005, inclusive, as specified in agreements between this state and the United States for federal financial assistance. (12) The severe storms, flooding, mudslides, and landslides that occurred in northern California during the period from December 17, 2005, to January 3, 2006, inclusive, as specified in agreements between this state and the United States for federal financial assistance. (13) The severe storms and flooding that occurred in northern and central California during the period from March 29, 2006, to April 16, 2006, inclusive, as specified in agreements between this state and the United States for federal financial assistance. (c) For any federally declared disaster subsequent to January 1, 1995, that the Legislature has designated in subdivision (b), the state shall assume the increased share specified in subdivision (b) in those cases where the Federal Emergency Management Agency or another applicable federal agency has approved the federal share of costs. (d) The state shall make no allocation for any project application resulting in a state share of less than two thousand five hundred dollars ($2,500) under this section. (Amended by Stats. 2006, Ch. 897, Sec. 1. Effective September 30, 2006.)
  171. 8686.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The state may cover up to 100% of eligible costs for the Middle River levee break disaster, but only if the federal share has been approved; it may not make an allocation if the resulting state share is under $2,500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8686.1. (a) Notwithstanding subdivision (a) of Section 8686, the state share shall be up to 100 percent of total state eligible costs connected with the Middle River levee break in San Joaquin County that occurred in June 2004. (b) For the disaster that the Legislature has designated in subdivision (a), the state shall assume the increased share specified in subdivision (a) if the Federal Emergency Management Agency or another applicable federal agency has approved the federal share of costs. (c) The state shall make no allocation for any project application resulting in a state share of less than two thousand five hundred dollars ($2,500) under this section. (Added by Stats. 2004, Ch. 778, Sec. 1. Effective September 25, 2004.)
  172. 8686.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    If federal disaster relief money covers part of a project, that amount must be deducted when calculating the state and local agency shares. The secretary may start the work if state funds are available and the director is satisfied that matching federal funds will be available.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8686.2. When the United States or any agency thereof is to provide disaster relief funds for any portion of the cost of a project, the amount so provided shall be deducted from the cost of the project in determining the amount to be allocated by the state and the amount to be contributed by the local agency under Section 8686. It shall not be required that the disaster relief funds to be provided from federal sources shall be paid into the State Treasury, but the secretary shall, if state funds are available, authorize the work to be commenced when the director has received assurance, adequate in his or her opinion, that the federal disaster relief matching funds will be made available for expenditure for the work, or for payment to the state for performance thereof. (Amended by Stats. 2013, Ch. 352, Sec. 196. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  173. 8686.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    Local agencies must try to maximize federal funding for projects, and the director must tell an applying agency about available state funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8686.3. Local agencies shall undertake to recover maximum federal participation in funding projects. No funds allocated under this chapter shall be used to supplant federal funds otherwise available in the absence of state financial relief. State contributions for such projects as determined by Section 8686 will be reduced by an amount equal to the amount local agencies would have recovered from federal disaster relief sources if they had applied for that funding and had executed the eligible projects in conformity with federal requirements. When a local agency applies for federal disaster relief funds, the director shall inform the agency of available state funds. (Amended by Stats. 2013, Ch. 352, Sec. 197. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  174. 8686.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The director must authorize certain facility replacements, and may authorize cost-effective mitigation measures in proclaimed emergency areas.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards. (b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. (Amended by Stats. 2013, Ch. 352, Sec. 198. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  175. 8686.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    If the director finds a local agency cannot meet matching or replacement-facility funding requirements, the director may lend funds and require repayment by deferred payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8686.8. If the director determines that a local agency is financially unable to meet the matching requirements set forth in Section 8686, or unable to provide funds for replacement of a facility pursuant to Section 8686.4, the director may, if that loan would not result in a violation of Section 18 of Article XVI of the California Constitution and out of any state money made available for purposes of this chapter, lend funds, for the completion of a project or projects. The local agency shall be required by the director to make its contribution by means of deferred payments. The deferred payments shall be made in the amounts and at the times provided by the agreement executed in connection with the application, but in any event providing full repayment within 10 years, and shall include a charge to be fixed by the director in an amount estimated by him or her to equal the revenue that the state would have derived by investing the total amounts loaned at the interest rate prevailing for legal state investments as of the date of the loan. (Amended by Stats. 2013, Ch. 352, Sec. 199. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  176. 8687.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    A local agency must pay deferred payments from its current revenues. If those revenues are not enough, the director may order the State Controller to withhold state funds owed to the local agency to cover the shortfall.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8687. Deferred payments made by a local agency pursuant to Section 8686.8 shall be made by the agency: (a) Out of the current revenues of the local agency. (b) If the current revenues of a city, county, or city and county, prove insufficient to enable the agency to meet the payments, the director may order the State Controller to withhold from the local agency funds that the local agency would be entitled from the state, including, as to street and highway projects as defined by Sections 590 and 592 of the Vehicle Code, from the Motor Vehicle License Fee Fund to the extent necessary to meet the deficiency. Those sums shall be credited to the funds in the State Treasury from which the loans were made. (Amended by Stats. 2013, Ch. 352, Sec. 200. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  177. 8687.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The director may suspend Section 8686 matching requirements and allocate funds for a public facilities project when a local agency cannot meet those requirements because disaster expenditures exhausted its resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8687.2. Notwithstanding Section 8686, whenever the director determines that a local agency to which funds are proposed to be allocated for a public facilities project is financially unable to meet the matching requirements set forth in Section 8686 due to exhaustion of its financial resources because of disaster expenditures, the provisions of Section 8686 may be suspended, and the director may allocate funds to pay all of the cost of the project or that portion of the cost which the director determines is necessary to accomplish the project, taking into consideration the financial ability of the local agency to meet the matching requirements of Section 8686 and the public benefit of the proposed work, less any money provided by the United States or any agency thereof for any portion of the cost of the project. (Amended by Stats. 2013, Ch. 352, Sec. 201. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  178. 8687.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The director may allocate funds to a local agency when the agency cannot finance a project because disaster expenditures have exhausted its resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8687.4. Whenever the director determines that a local agency which would otherwise be eligible for funds under the formula of Section 8686 is unable to finance a project due to exhaustion of its financial resources because of disaster expenditures, the director may allocate funds to pay such portion of the cost of the project as the director determines is necessary to accomplish the projects. (Amended by Stats. 2013, Ch. 352, Sec. 202. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  179. 8687.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    If the local agency is a county, the county contribution cannot be reduced below a specified prior-year allocation amount.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8687.6. If the local agency, under Section 8687.4, is a county, the amount contributed by the county shall not be reduced to less than an amount of money equal to the amount allocated to the county for the fiscal year prior to the disaster proclamation pursuant to Section 2110.5 of the Streets and Highways Code. (Amended by Stats. 2001, Ch. 822, Sec. 9. Effective January 1, 2002.)
  180. 8687.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The Office of Emergency Services may create a model process to help communities recover after a governor-declared emergency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8687.7. (a) As used in this section, the following terms have the following meanings: (1) “Agency” or “office” means the Office of Emergency Services. (2) “Community” means a geographic area impacted by an emergency proclaimed by the Governor that includes the jurisdiction of one or more local agencies. (3) “Community recovery partners” means local, state, and federal agencies, private nonprofit organizations, nongovernmental agencies, faith-based organizations, and other private entities. (b) The office may establish a model process that would be made available to assist a community in recovering from an emergency proclaimed by the Governor. The model process may include the following: (1) The role of the office in the community recovery process. (2) Procedures for the office to have representation onsite as soon as practicable after the Governor proclaims a state of emergency. (3) The role of the office to facilitate the use of temporary services, including, but not limited to, direct assistance to individuals, families, and businesses, crisis counseling, disaster unemployment assistance, food and clothing vouchers, communications systems, replacement of personal identification documents, provision of potable water, housing, farm service assistance, tax relief, insurance, and legal services. (4) The role of the office to facilitate the establishment of temporary structures, including local assistance centers, showers and bathroom facilities, and temporary administrative offices. (5) Measures to encourage the participation of nongovernmental organizations in the community recovery process to supplement recovery activities undertaken by federal or local agencies. (6) The office may refer the model process to the standardized Emergency Management System (SEMS) Advisory Board, or any other advisory board it deems appropriate, for review and modifications. (7) It is the intent of the Legislature that the model process assists and complements local procedures. The model process should allow the office to offer additional assistance when that assistance is needed but not available through local agencies. (Amended by Stats. 2013, Ch. 352, Sec. 203. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  181. 8687.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    When a county is the local agency, the director must check whether the county has levied the maximum highway property tax for the year of the disaster, and reduce the allocation if the tax is below the maximum.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8687.8. If the local agency, under Section 8687.4, is a county, the director, in determining whether the county’s financial resources are exhausted, shall ascertain whether the county has levied, during the then current year (the year of the disaster), the maximum property tax for highway purposes authorized by Section 1550 of the Streets and Highways Code in the road district in which the work is proposed, and if such tax is being levied at less than the maximum rate authorized by Section 1550, the amount to be allocated by the director under this section shall be reduced by an amount equivalent to the difference between the revenue derived from the property tax being levied for highway purposes in such road district and the revenue which would have been derived from such tax at the maximum rate authorized by Section 1550. In determining if a county has levied sufficient taxes, amounts to be received from other taxes levied by that county and used for road purposes shall be included. (Added by Stats. 1974, Ch. 290.)
  182. 8687.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    Emergency funding and financial assistance to local governments is exempt from the Labor Code Section 1782 eligibility restrictions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 4. Allocations to Local Agencies [8685 - 8687.9] ( Article 4 added by Stats. 1974, Ch. 290. ) ## 8687.9. Funding and financial assistance provided to local governments in response to an emergency, as that term is used in Section 8558, is not subject to the eligibility restrictions of Section 1782 of the Labor Code. (Added by Stats. 2015, Ch. 2, Sec. 4. (AB 92) Effective March 27, 2015.)
  183. 8690.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    This section creates the Disaster Assistance Fund as a special fund in the State Treasury and makes the fund and its subsidiary account continuously appropriated for this act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. ) ## 8690.25. The Disaster Assistance Fund, referred to as “fund” in this article, is hereby created as a special fund in the State Treasury. This fund and its subsidiary account, the Earthquake Emergency Investigations Account, are continuously appropriated, without regard to fiscal years, for purposes of this act. (Amended by Stats. 2002, Ch. 461, Sec. 13. Effective January 1, 2003.)
  184. 8690.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    The Controller must create the Earthquake Emergency Investigations Account in the Disaster Assistance Fund, and the commission may use it for earthquake investigation-related allocations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. ) ## 8690.45. The Controller shall establish the following special account in the Disaster Assistance Fund. The Earthquake Emergency Investigations Account, into which shall be paid all moneys appropriated by the Legislature to the Seismic Safety Commission for allocation for the purpose of enabling immediate investigation of damaging earthquakes. Allocations may be made by the commission to assist organizations that have incurred expenses in the course of conducting earthquake investigations. Allocations may be made to cover the following expenses: (a) Travel, meals, and lodging. (b) Publishing of findings. (c) Contractor assistance in the investigation. (d) Other expenses that the commission may allow as necessary to assist the investigation. The unpredictable nature of earthquakes necessitates immediate access to funds for investigative purposes. For this reason, notwithstanding any other provision of law, funds in the Earthquake Emergency Investigations Account shall be available for expenditure without regard to fiscal years. (Amended by Stats. 2002, Ch. 461, Sec. 14. Effective January 1, 2003.)
  185. 8690.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    Money in the fund may be spent, transferred, and allocated under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. ) ## 8690.5. Income from investment of moneys in the fund and all payments by local agencies in reimbursement of moneys disbursed from the fund, including deferred payments with charges, and all other moneys deposited therein pursuant to law, shall be available for expenditure, transfer and allocation pursuant to this chapter. (Added by Stats. 1974, Ch. 290.)
  186. 8690.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    This section creates the Disaster Response-Emergency Operations Account and lets the Director of Finance use it for disaster response costs, subject to time limits, notices, and other conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. ) ## 8690.6. (a) The Disaster Response-Emergency Operations Account is hereby established in the Special Fund for Economic Uncertainties. Notwithstanding Section 13340, moneys in the account are continuously appropriated, subject to the limitations specified in subdivisions (b), (c), and (d), without regard to fiscal years, for allocation by the Director of Finance to state agencies for disaster response operation costs incurred by state agencies as a result of a proclamation by the Governor of a state of emergency, as defined in subdivision (b) of Section 8558. For the purposes of this section, “disaster response operations costs” is defined as costs that are immediate and necessary to deal with an ongoing or emerging crisis. These allocations may be for activities that occur within 120 days after a proclamation of emergency by the Governor. (b) Funds shall be allocated from the account subject to the conditions of this section and upon notification by the Director of Finance to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house. (c) Notwithstanding the time limit established by subdivision (a) regarding disaster response activities that may be funded through the account, upon notification by the Director of Finance to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house before the expiration of the 120-day period, extensions for allocations for activities that occur after the 120-day period may occur in up to 120-day increments. Any extensions beyond the initial 120 days shall not extend beyond the end of the fiscal year in which the Director of Finance gives notice of the first extension, or the date upon which the Budget Act for the fiscal year that follows the fiscal year during which the director gave notice of the first extension is enacted, whichever is later. Each extension of up to 120 days will occur upon notification to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house before the expiration of the initial 120-day period or the prior extension. (d) It is the intent of the Legislature that the Disaster Response-Emergency Operations Account have an unencumbered balance of one million dollars ($1,000,000) at the beginning of each fiscal year. If this account requires additional moneys to meet claims against the account, the Director of Finance may transfer moneys from the Special Fund for Economic Uncertainties to the account in an amount sufficient to pay the amount of the claims that exceed the unencumbered balance in the account. (e) Notwithstanding any other law, authorizations for acquisitions, relocations, and environmental mitigations related to activities, described in subdivision (a), shall be authorized pursuant to this section. However, these funds shall be authorized only for needs that are a direct consequence of the proclaimed emergency if failure to undertake the project may interrupt essential state services or jeopardize public health or safety. In addition, any acquisition accomplished under this subdivision shall comply with any otherwise applicable law, except as provided in the first sentence of this subdivision. (f) Funds allocated under this section shall not be used to supplant federal funds otherwise available in the absence of state financial relief. (g) The amount of financial assistance provided to an individual, business, or governmental entity under this section, or pursuant to any other program of state-funded disaster assistance, shall be deducted from sums received in payment of damage claims asserted against the state, its agents, or its employees, for causing or contributing to the effects of the proclaimed disaster. (h) Any public entity administering disaster assistance to individuals shall not receive funds under this section unless it administers that assistance pursuant to the following criteria: (1) All applications, forms, and other written materials presented to persons seeking assistance shall be available in English and in the same language used by the major non-English-speaking group within the disaster area. (2) Bilingual staff who reflect the demographics of the disaster area shall be available to applicants. (i) Notwithstanding any other law, funds in the Disaster Response-Emergency Operations Account shall not be expended for conditions in the state’s prisons, medical facilities, or youth correctional facilities resulting solely from the action or inaction of the Department of Corrections and Rehabilitation in administering those facilities. (Added by Stats. 2019, Ch. 2, Sec. 2. (AB 73) Effective February 13, 2019.)
  187. 8690.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. )

    Verify source ↗

    A county that distributed funds to local agencies under Chapter 16 of the Statutes of 1986 is not financially liable for those funds and is not responsible for collecting them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 5. Funds [8690.25 - 8690.7] ( Article 5 added by Stats. 1974, Ch. 290. ) ## 8690.7. Any county which distributed funds to other local agencies pursuant to Chapter 16 of the Statutes of 1986 shall not be held financially liable for those funds or responsible for any collection of those funds. This section shall not preclude the state or any county from collecting funds distributed pursuant to Chapter 16 of the Statutes of 1986 from local agencies. (Added by Stats. 1990, Ch. 1197, Sec. 2.)
  188. 8692.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 6. Nonprofit Organizations [8692- 8692.] ( Article 6 added by Stats. 2007, Ch. 400, Sec. 1. )

    Verify source ↗

    Eligible private nonprofit organizations may receive state disaster assistance during a proclaimed state of emergency, but organizations using religious content for emergency assistance are ineligible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.5. California Disaster Assistance Act [8680 - 8692] ( Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2. ) ## ARTICLE 6. Nonprofit Organizations [8692- 8692.] ( Article 6 added by Stats. 2007, Ch. 400, Sec. 1. ) ## 8692. (a) If a state of emergency is proclaimed, an eligible private nonprofit organization may receive state assistance for distribution of supplies and other disaster or emergency assistance activities resulting in extraordinary cost. (b) A private nonprofit organization is eligible for assistance under this section if it is eligible for disaster assistance under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121). (c) An organization is not eligible for assistance under this section if it employs religious content in the provision of emergency assistance. (d) Any grant of assistance under this section shall comply with Section 4 of Article I and Section 5 of Article XVI of the California Constitution, state and federal civil rights laws, and the First Amendment to the United States Constitution in regard to the funding of religious organizations and activities. These legal constraints include prohibitions on the discrimination against beneficiaries and staff based on protected categories, on the use of public funds for proselytizing of religious doctrine, religious instruction, or worship, and on the use of other religious means to accomplish programmatic goals. (e) The Office of Emergency Services shall adopt regulations to implement this section. (Amended by Stats. 2013, Ch. 352, Sec. 204. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  189. 8695.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. )

    Verify source ↗

    This chapter is named the Farr Economic Disaster Act of 1984 and may be cited by that name.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. ) ## 8695. This chapter shall be known and may be cited as the Farr Economic Disaster Act of 1984. (Amended by Stats. 1992, Ch. 18, Sec. 1.5. Effective March 26, 1992.)
  190. 8695.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. )

    Verify source ↗

    The Legislature states that state agencies’ disaster response does not adequately address the economic impact of natural disasters on businesses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. ) ## 8695.5. The Legislature finds and declares that the disaster response of state agencies does not adequately focus on the economic impact of a natural disaster on the business community. (Added by Stats. 1984, Ch. 1410, Sec. 2.)
  191. 8696.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. )

    Verify source ↗

    This section states that the chapter’s purpose is to organize state agencies’ planning and response to disasters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. ) ## 8696. It is the purpose of this chapter to institutionalize the planning and response of state agencies to disasters in order to reduce economic hardship stemming from these disasters to business. (Added by Stats. 1984, Ch. 1410, Sec. 2.)
  192. 8696.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. )

    Verify source ↗

    This section defines “disaster” for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. ) ## 8696.5. As used in this chapter, the term “disaster” means those conditions specified in subdivisions (b) and (c) of Section 8558 if the estimated damage exceeds three billion dollars ($3,000,000,000) or the Governor orders the Director of Emergency Services to carry out the provisions of this chapter. (Amended by Stats. 2013, Ch. 352, Sec. 205. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  193. 8697.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. )

    Verify source ↗

    State agencies must act after the disaster response phases to support long-range economic recovery, and the Director of Emergency Services must set and invoke agency emergency-function assignments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. ) ## 8697. (a) Upon the completion of the emergency phase and the immediate recovery phase of a disaster, appropriate state agencies shall take actions to provide continuity of effort conducive to long-range economic recovery. (b) The Director of Emergency Services shall invoke the assignments made pursuant to Section 8595, specifying the emergency functions of each agency or department. (c) The Director of Emergency Services may make assignments to assist local agencies in implementing Chapter 12.4 (commencing with Section 8877.1). (Amended by Stats. 2013, Ch. 352, Sec. 206. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  194. 8697.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. )

    Verify source ↗

    The Director of Emergency Services must establish appropriate task forces or emergency teams when carrying out this chapter’s purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.6. Economic Disaster Act of 1984 [8695 - 8697.5] ( Chapter 7.6 added by Stats. 1984, Ch. 1410, Sec. 2. ) ## 8697.5. The Director of Emergency Services, in executing the purposes of this chapter, shall establish appropriate task forces or emergency teams to include concerned elements of federal, state, and local governments and the private sector. (Amended by Stats. 2013, Ch. 352, Sec. 207. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  195. 8698.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.8. Shelter Crisis [8698 - 8698.4] ( Chapter 7.8 added by Stats. 1987, Ch. 1116, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the shelter crisis chapter, including political subdivision, governing body, public facility, declaration of a shelter crisis, and emergency bridge housing community.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.8. Shelter Crisis [8698 - 8698.4] ( Chapter 7.8 added by Stats. 1987, Ch. 1116, Sec. 2. ) ## 8698. For purposes of this chapter, the following definitions shall apply: (a) “Political subdivision” includes the state, any city, city and county, county, special district, or school district or public agency authorized by law. (b) “Governing body” means the following: (1) The Governor for the state. (2) The legislative body for a city or city and county. (3) The board of supervisors for a county. (4) The governing board or board of trustees for a district or other public agency. (5) An official designated by ordinance or resolution adopted by a governing body, as defined in paragraph (2), (3), or (4). (c) “Public facility” means any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment. (d) “Declaration of a shelter crisis” means the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. (e) “Emergency bridge housing community” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. (Amended by Stats. 2016, Ch. 691, Sec. 1. (AB 2176) Effective January 1, 2017.)
  196. 8698.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.8. Shelter Crisis [8698 - 8698.4] ( Chapter 7.8 added by Stats. 1987, Ch. 1116, Sec. 2. )

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    After a shelter crisis is declared, special emergency-housing rules apply, including liability limits, suspension of conflicting housing/health/safety standards, and a process for certain large cities to seek year-round emergency housing facility permission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.8. Shelter Crisis [8698 - 8698.4] ( Chapter 7.8 added by Stats. 1987, Ch. 1116, Sec. 2. ) ## 8698.1. Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency. (a) The political subdivision shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This limitation of liability shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury. (b) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter. (c) (1) Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following: (A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed. (B) Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following: (i) A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load. (ii) Twenty-four-hour active fire watch. (iii) Smoke and carbon monoxide alarms. (iv) Fire extinguishers. (v) Ingress and egress that facilitates rapid exit of the facility. (vi) Emergency evacuation signage and emergency egress lighting. (vii) Every egress shall be free from storage and other obstructions. (viii) Limited occupant storage in each room in the facility. (ix) Prohibiting the use of open flames or combustibles. (x) Prohibiting smoking in the facility. (xi) Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations. (xii) A process for remedying fire code violations immediately. (xiii) A process for submitting quarterly inspection reports to the State Fire Marshal. (2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them. (3) A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation. (4) For purposes of this subdivision, the term “building standard” means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code. (5) No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3). (Amended by Stats. 2020, Ch. 148, Sec. 2. (AB 2960) Effective January 1, 2021.)
  197. 8698.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.8. Shelter Crisis [8698 - 8698.4] ( Chapter 7.8 added by Stats. 1987, Ch. 1116, Sec. 2. )

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    The governing body may declare a shelter crisis if it finds that many people in its area cannot obtain shelter and their health or safety is threatened.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.8. Shelter Crisis [8698 - 8698.4] ( Chapter 7.8 added by Stats. 1987, Ch. 1116, Sec. 2. ) ## 8698.2. (a) (1) The governing body may declare a shelter crisis, and may take such action as is necessary to carry out the provisions of this chapter, upon a finding by that governing body that a significant number of persons within the jurisdiction of the governing body are without the ability to obtain shelter, and that the situation has resulted in a threat to the health and safety of those persons. (2) For purposes of this chapter, the governing body of the state, in making a declaration of a shelter crisis pursuant to paragraph (1), may limit that declaration to any geographical portion of the state. (b) Upon a declaration of a shelter crisis pursuant to subdivision (a), the political subdivision may allow persons unable to obtain housing to occupy designated public facilities during the duration of the state of emergency. (Added by Stats. 1987, Ch. 1116, Sec. 2. Effective September 25, 1987.)
  198. 8698.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.8. Shelter Crisis [8698 - 8698.4] ( Chapter 7.8 added by Stats. 1987, Ch. 1116, Sec. 2. )

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    During a declared shelter crisis, a city, county, or city and county may use special rules for homeless shelters, including local standards, reporting, and certain exemptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.8. Shelter Crisis [8698 - 8698.4] ( Chapter 7.8 added by Stats. 1987, Ch. 1116, Sec. 2. ) ## 8698.4. (a) Notwithstanding any other provision in this chapter, upon a declaration of a shelter crisis by a city, county, or city and county, the following shall apply to the respective city, county, or city and county during the shelter crisis: (1) Emergency housing may include homeless shelters for the homeless located or constructed on any land owned or leased by a city, county, or city and county, including land acquired with low- and moderate-income housing funds. (2) (A) (i) The city, county, or city and county, in lieu of compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws, may adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. For a jurisdiction that adopts an ordinance establishing reasonable local standards, those standards shall, at a minimum, meet the standards provided in the 2019 California Residential Code Appendix X, and California Building Code Appendix O, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities, unless the city, county, or city and county adopts findings stating why the standards cannot be met and stating how the standards in the ordinance protect health and safety. Upon the adoption of an ordinance, the city, county, or city and county shall file a copy of the adopted ordinance, and any associated findings, with the department. (ii) During the shelter crisis, except as provided in this section, provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws shall be suspended for homeless shelters, provided that the city, county, or city and county has adopted health and safety standards and procedures for homeless shelters consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability shall be suspended for homeless shelters, provided that the city, county, or city and county has adopted health and safety standards for homeless shelters and those standards are complied with. During the shelter crisis, the local and state law requirements for homeless shelters to be consistent with the local land use plans, including the general plan, shall be suspended. (B) This section applies only to a public facility or homeless shelters reserved entirely for the homeless pursuant to this chapter. (3) Homeless shelters constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), or the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), except that disposition of any vehicle or its contents abandoned by its owner shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. (4) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to any of the following actions taken by a state agency or a city, county, or city and county: (A) To lease, convey, or encumber land owned by a city, county, or city and county, or to facilitate the lease, conveyance, or encumbrance of land owned by the local government for a homeless shelter constructed pursuant to, or authorized by, this section. (B) To provide financial assistance to a homeless shelter constructed pursuant to, or authorized by, this section. (C) To approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed pursuant to, or authorized by, this section. These services may include, but are not limited to, case management, resource navigation, security services, residential services, and counseling services. (5) (A) On or before July 1, 2019, the Cities of Berkeley, Emeryville, Los Angeles, Oakland, and San Diego, the County of Santa Clara, and the City and County of San Francisco shall develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing, as well as onsite supportive services. The city, county, or city and county shall make the plan publicly available. (B) In the case of a shelter crisis declared by the County of Alameda, a city located within the County of Alameda, the County of Orange, a city located within the County of Orange, or the City of San Jose, the county or the city, as applicable, shall develop the plan described in subparagraph (A) on or before July 1, 2020, and shall include in the plan required by this subparagraph a plan to transition residents from homeless shelters to permanent housing. (C) In the case of a shelter crisis declared by any other county or city not described in subparagraph (A) or (B) on or before January 1, 2021, the county or the city, as applicable, shall develop the plan described in subparagraph (A) on or before July 1, 2021, and shall include in the plan required by this subparagraph a plan to transition residents from homeless shelters to permanent housing. (D) In the case of a shelter crisis declared by any other county or city not described in subparagraph (A) or (B) after January 1, 2021, the county or the city, as applicable, shall develop the plan described in subparagraph (A) on or before July 1 of the year following the declaration of the shelter crisis, and shall include in the plan required by this subparagraph a plan to transition residents from homeless shelters to permanent housing. (6) If the city, county, or city and county has declared a shelter crisis, the city, county, or city and county shall report, by January 1 of each year, all of the following to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development: (A) The total number of residents in homeless shelters within the city, county, or city and county. (B) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city, county, or city and county. (C) The estimated number of permanent supportive housing units. (D) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing within the city, county, or city and county. (E) The number and bed capacity of new homeless shelters built pursuant to this section within the city, county, or city and county. The information regarding the bed capacity shall be included in reports due by January 1, 2022, and by January 1 of each year thereafter. Bed capacity shall not include the parking vehicle capacity of a homeless shelter on a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals. (F) New actions the city, county, or city and county is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness. (G) The ordinance and any associated findings adopted by the city, county, or city and county pursuant to paragraph (2). (b) A declaration of a shelter crisis by a city, county, or city and county and the provisions in this section that are or may be utilized by a city, county, or city and county, including an ordinance adopted by a city, county, or city and county pursuant to clause (i) of subparagraph (A) of paragraph (2) of subdivision (a), shall apply to any land owned or leased by an agency or entity created pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) if the city, county, or city and county that declared a shelter crisis is one of the parties to the agreement creating the entity or agency and the real property owned or leased by the agency or entity is located within the jurisdiction of the city, county, or city and county that declared the shelter crisis. (c) For purposes of this section, the following terms have the following meanings: (1) “Homeless shelter” means a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared shelter crisis. A temporary homeless shelter community may include supportive and self-sufficiency development services. A “homeless shelter” shall include a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals. (2) “Permanent supportive housing” means housing for people who are homeless, with no limit on length of stay, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving the person’s health status, and maximizing the person’s ability to live and, when possible, work in the community. (d) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. (Amended by Stats. 2024, Ch. 297, Sec. 1. (SB 1395) Effective January 1, 2025. Repealed as of January 1, 2036, by its own provisions.)
  199. 8699.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.9. Flexible Assistance for Survivors (FAS) Pilot Grant Program [8699 - 8699.03] ( Chapter 7.9 added by Stats. 2022, Ch. 58, Sec. 1. )

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    This section defines key terms used in the chapter, including community-based organization, family member, grant program, office, and survivor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.9. Flexible Assistance for Survivors (FAS) Pilot Grant Program [8699 - 8699.03] ( Chapter 7.9 added by Stats. 2022, Ch. 58, Sec. 1. ) ## 8699. For the purpose of this chapter, the following definitions apply: (a) “Community-based organization” means a nonprofit organization, or organization fiscally sponsored by a nonprofit, that provides direct services to survivors of violence and includes, but is not limited to, a trauma recovery center as described in Section 13963.1. (b) “Family member” means any of the following: (1) A spouse, former spouse, or domestic partner. (2) A cohabitant or former cohabitant. (3) The survivor’s fiance or someone with whom the survivor has, or previously had, an engagement or dating relationship as defined in paragraph (10) of subdivision (f) of Section 243 of the Penal Code. (4) Any other person related by consanguinity or affinity within the second degree, including relationships by adoption. (c) “Grant program” means the Flexible Assistance for Survivors (FAS) pilot grant program established by this chapter. (d) “Office” means the Office of Emergency Services. (e) “Survivor” means a person who would be eligible for services pursuant to Section 20103 of Title 34 of the United States Code. (Amended by Stats. 2023, Ch. 131, Sec. 70. (AB 1754) Effective January 1, 2024. Inoperative July 1, 2028, pursuant to Section 8699.03. Repealed as of January 1, 2029, pursuant to Section 8699.03.)
  200. 8699.01.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.9. Flexible Assistance for Survivors (FAS) Pilot Grant Program [8699 - 8699.03] ( Chapter 7.9 added by Stats. 2022, Ch. 58, Sec. 1. )

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    This section creates the FAS pilot grant program, assigns the Office of Emergency Services to administer it, and sets application, committee, reporting, and grant-use rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. GENERAL [8000 - 8899.95] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7.9. Flexible Assistance for Survivors (FAS) Pilot Grant Program [8699 - 8699.03] ( Chapter 7.9 added by Stats. 2022, Ch. 58, Sec. 1. ) ## 8699.01. (a) The Flexible Assistance for Survivors (FAS) pilot grant program is hereby established, to be administered by the Office of Emergency Services, with the goal of improving safety, healing, and financial stability for survivors, and the loved ones of those violently injured or killed. (b) FAS grants shall be made to qualifying community-based organizations pursuant to this chapter for the purpose of establishing assistance funds to distribute in direct cash assistance to survivors. (c) The office shall establish an advisory committee that includes, without limitation, persons who have been impacted by violence, formerly incarcerated persons, and persons with direct experience in implementing supportive services for marginalized survivors. Racial, gender, and ethnic diversity, and representation of communities and identities described in subdivisions (h) and (i), shall be considered for all appointments. The committee shall consist of six members, as follows: (1) (A) Three representatives from community-based organizations providing direct services and recovery assistance such as housing, job placement, or economic support to vulnerable survivors. (B) Of the three members described by subparagraph (A), one member shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, and one member shall be appointed by the Senate President pro Tempore. (2) (A) Three community providers or advocates with expertise in community-based violence reduction programs. (B) Of the three members described by subparagraph (A), one member shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, and one member shall be appointed by the Senate President pro Tempore. (d) Notwithstanding any other law, except as specified in subdivision (b) of Section 8 of Article VII of the California Constitution, a person’s criminal history shall not disqualify them from appointment to the advisory committee. (e) The advisory committee shall establish rules for implementing this chapter. Community-based organizations shall include all of the following in their application: (1) A description of the organization’s history serving one or more of the groups described in subdivision (i). (2) A description of how the community or communities the organization serves are impacted by violence and incarceration. (3) The estimated number of survivors the organization or program currently serves. (4) The estimated number of survivors to whom the organization or program anticipates it will distribute grant funds. (5) How the organization plans to distribute cash assistance funds to survivors to meet immediate financial needs quickly. (6) How the organization plans to minimize the burden on survivors to provide documentation or submit paperwork. (f) The advisory committee shall do all of the following: (1) Strive to minimize the paperwork burden on grant applicants and grantees. (2) Provide guidance on developing an application, the program structure, and progress reports. (3) Develop a plan to publicize the grant program in advance of an application deadline, including outreach to underserved areas, communities with disproportionately high rates of gun violence and imprisonment, and smaller organizations. (4) Work with the office to develop tools to support applicants applying for an award under this chapter, including, but not limited to, templates and sample applications, which shall be posted prominently on the office’s internet website. (5) Prior to an application deadline, work with the office to publicize and host at least two webinars that are open to the public detailing how to apply for a grant under this chapter. (6) Develop reporting metrics for grantees to provide information to the office to aid the office in creating the reports required by Section 8699.02. In developing these metrics, the advisory committee shall strive to minimize the paperwork burden on survivors that apply for assistance. (g) A community-based organization shall be eligible to apply for a grant under this chapter if the organization has a history of serving survivors and the majority of people the organization, or a project within the organization that will administer the grant, serves are survivors. (h) The office, with concurrence from the advisory committee, shall develop a rating process that gives preference to organizations that are located in, serve, and employ members of communities that experience disproportionately high rates of gun violence and imprisonment. (i) The office, with concurrence from the advisory committee, shall develop a rating process that gives preference to community-based organizations that have a history of providing services to vulnerable survivors, including, but not limited to, the following: (1) Survivors of color. (2) Elderly survivors. (3) Survivors with disabilities. (4) Survivors who are transgender or gender nonconforming. (5) Survivors who have faced disproportionate police contact. (6) Survivors who are formerly incarcerated or who have past arrests or convictions. (7) Survivors with immigration status issues. (8) Survivors who are unhoused. (9) Survivors of firearm injuries. (10) Survivors who have lost a family member to homicide. (11) Survivors facing mental health crises. (12) Low-income survivors. (13) Survivors challenged by substance abuse. (j) An organization receiving a grant under this chapter may use the funds as follows: (1) Flexible cash assistance to survivors to meet survivors’ financial needs or to cover survivors’ expenses, distributed at the discretion of the organization in amounts determined by the organization based on the needs of survivors and in a way that minimizes or eliminates the burden on survivors to provide external documentation of their need or expenses. The organization may distribute flexible cash assistance funds to a survivor directly, to the parent or guardian of a survivor on the survivor’s behalf if the survivor is a minor or dependent adult, or if the survivor or the parent or guardian of a minor or dependent survivor requests, to a vendor, business, or another third party to pay for an expense or to purchase a product on a survivor’s behalf. Cash assistance distributed to a survivor or parent or guardian of a survivor may be distributed in the form of cash, electronic transfer, check, direct deposit, prepaid card, or in another similar manner at the discretion of the organization and based on the needs of survivors. Cash assistance awards of more than five thousand dollars ($5,000) to an individual survivor may require additional documentation of significant need. (2) Up to 10 percent for the organization’s expenses in administering the grant. (k) A community-based organization receiving a grant under this chapter shall establish policies and procedures for distributing funds to survivors whom the organization serves that comply with all the following: (1) Develop a method that allows survivors to attest to their experience of victimization that minimizes the burden of requiring survivors to obtain documentation of a victimization, such as by using verified written statements from a community-based organization. (2) Promote distribution of funds to survivors in a manner that meets the immediate needs of survivors quickly. (3) Do not require survivors to engage in other services or programs as a condition of receiving funds. (4) Do not require survivors to provide or maintain burdensome documentation of their need or spending. (5) Do not require survivors to report a crime to a law enforcement agency as a condition of receiving cash assistance. (6) Do not exclude survivors on the basis of citizenship or immigration status. (7) Do not exclude survivors on the basis of an arrest or conviction record, nor on the basis of a survivor’s status under correctional supervision. (l) Notwithstanding any other law, cash assistance received by a survivor under this chapter shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. (m) Notwithstanding any other law, cash assistance received under this chapter shall not reduce a victim’s maximum benefit allowance provided by the California Victim Compensation Board, except that an expense for specific purposes paid in full for a survivor under this chapter shall not be eligible for reimbursement or payment by the board for the same purposes. If an organization distributes flexible cash assistance under this chapter on a survivor’s behalf to partially cover a specific expense or bill, the California Victim Compensation Board may reimburse or pay the survivor any remaining amount of the specific expense or bill that has not been covered. (n) Each grantee shall annually report to the office all of the following: (1) The aggregate number of survivors who received cash assistance through the grant program. (2) The average amount of assistance each survivor received through the grant program. (3) Information responsive to the metrics developed pursuant to paragraph (6) of subdivision (f). (o) The office may use up to 5 percent of the funds appropriated for the grant program each year for the costs of administering the grant program, including, without limitation, employing personnel, providing technical assistance to grantees or prospective grantees, and issuing a report on the impacts of the grant program through the 2026–27 fiscal year. (Amended by Stats. 2024, Ch. 997, Sec. 7. (AB 179) Effective September 30, 2024. Inoperative July 1, 2028, pursuant to Section 8699.03. Repealed as of January 1, 2029, pursuant to Section 8699.03.)

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