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Business Taxes Law Guide—Revision 2024

Oil Spill Response, Prevention, and Administration Fees Law

Government Code

Title 2. Government of the State of California
Division 1. General
Chapter 7.4. Oil Spill Response and Contingency Planning
Article 7. Oil Spill Response Trust Fund

Section 8670.50


8670.50. Use of moneys from fund. (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.

History—Stats. 1992, Ch. 1312, in effect September 30, 1992, substituted "expended" for "fund" after "may only be" in subdivision (a) and added subdivision (a)(3). Stats. 2007, Ch. 373 (AB 1220), in effect January 1, 2008, substituted "any" for "all" after "governments and agencies for" in subdivision (a); substituted "Responding" for "Respond", substituted "containing" for "contain", substituted "cleaning" for "clean", substituted "if" for "provided", and added "any of the following:" in paragraph (a)(1); added subparagraph (A) "Undertaken" before "pursuant to the state", and a period after "Chapter 7", added subparagraph (B), and added subparagraph (C) and substituted "Undertaken" for "or those efforts are undertaken" before "at the direction of" in paragraph (a)(1); substituted "Making" for "Make" and "authorized" for "contemplated" in paragraph (a)(3); and added ", subject to the lien established pursuant to Section 8670.53.2" in subdivision (b). Stats. 2014, Ch. 35 (SB 861), in effect June 20, 2014, deleted "marine response element of the" after "chapter, and the" in subparagraph (A) of paragraph (1) of subdivision (a); and substituted "8670.61.5" for "8670.61.5," after "Section" in paragraph (2) of subdivision (a).