2007 California Revenue and Taxation Code Chapter 1. General Provisions And Definitions

CA Codes (rtc:46001-46029)

46001.  This part shall be known and may be cited as the Oil Spill
Response, Prevention, and Administration Fees Law.



46002.  The collection and administration of the fees referred to in
Sections 46051 and 46052 shall be governed by the definitions
contained in Chapter 7.4 (commencing with Section 8670.1) of Division
1 of Title 2 of the Government Code, unless expressly otherwise
provided by the definitions contained in this part.



46003.  Except where the context otherwise requires, the definitions
contained in this chapter govern the construction of this part.



46004.  The provisions of this part, insofar as they are
substantially the same as existing provisions of law relating to the
same subject matter, shall be construed as restatements and
continuations and not as new enactments.



46005.  Any action or proceeding commenced before this part takes
effect, or any right accrued, is not affected by this part, but all
procedures taken shall conform to the provisions on this part as far
as possible.


46006.  "Administrator" means the chief deputy director of the
Department of Fish and Game appointed by the Governor pursuant to
Section 8670.4 of the Government Code.



46007.  "Barges" means any relatively flat-bottomed, waterborne
vessel which is propelled by being pulled or pushed by another
vessel, and is constructed or adapted to carry crude oil or petroleum
products in commercial quantities as cargo.




46008.  "Barrel" means 42 gallons of crude oil or petroleum
products.


46009.  "Board" means the State Board of Equalization.



46010.  "Crude oil" means petroleum in an unrefined or natural
state, including condensate and natural gasoline.



46011.  "Discharge" means any release of at least one barrel of oil
into marine waters which is not authorized by any federal, state, or
local government entity.



46012.  "Designated amount" means an amount equal to one hundred
nine million seven hundred fifty thousand dollars (9,750,000),
subject to the following:
   (a) Fifty-four million eight hundred seventy-five thousand dollars
(,875,000) shall be retained in the Oil Spill Response Trust Fund
as cash.
   (b) Fifty-four million eight hundred seventy-five thousand dollars
(,875,000) shall be accessible in the Oil Spill Response Trust
Fund in the form of financial security obtained by the Treasurer.



46013.  "Feepayer" means any person who may be liable for the
payment of a fee imposed by either Section 8670.40 or 8670.48 of the
Government Code.


46014.  "Independent crude oil producer" means any person or entity
producing crude oil within this state who does not refine crude oil
into product, and who does not own or operate any retail gasoline
marketing facilities.


46015.  "Local government" means any chartered or general law city,
chartered or general law county, or any city and county.



46016.  "Marine facility" means any facility of any kind, other than
a vessel, which is or was used for the purposes of exploring for,
drilling for, producing, storing, handling, transferring, processing,
refining, or transporting crude oil or petroleum products and is
located in marine waters, or is located where a discharge could
impact marine waters unless the facility, (1) is 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 or,
(2) is placed on a farm, nursery, logging site, small craft refueling
dock as defined in Section 8670.3 of the Government Code, or
construction site and does not exceed 20,000 gallons in a single
storage tank.  For the purposes of this part, a drill ship,
semisubmersible drilling platform, jack-up type drilling rig, or any
other floating or temporary drilling platform is a "marine facility."



46017.  "Marine terminal" means any marine facility used for
transferring crude oil or petroleum products to or from tankers or
barges.  For the purposes of this part, a marine terminal includes
all piping not integrally connected to a tank facility as defined in
subdivision (k) of Section 25270.2 of the Health and Safety Code.




46018.  "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.



46019.  (a) "Operator" means any of the following:
   (1) Any person who owns, operates, charters by demise, or leases a
vessel.
   (2) Any person who owns or operates a marine facility.
   (3) Any person who owns or operates a marine pipeline.
   (4) Any person who owns or operates a refinery.
   (b) "Operator" does not include a person who, without
participating in the management of a vessel or marine facility, holds
indicia of ownership primarily to protect his or her security
interest in the vessel or marine facility.  Also, "operator" does not
include any person who owns the land beneath a marine facility or
the facility itself if the person is not involved in the operation of
the facility.


46020.  "Person" means any individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, limited liability company, and association.
  "Person" also includes any 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.



46021.  "Petroleum products" means any liquid hydrocarbon at
atmospheric temperature and pressure that is the product of the
fractionation, distillation, or other refining or processing of crude
oil and that is used as, useable as, or may be refined as, a fuel or
fuel blendstock, including, but not limited to, gasoline, diesel
fuel, aviation fuel, bunker fuel, and alcohol fuels containing
petroleum products.



46022.  "Pipeline" means any pipeline used at any time to transport
crude oil or petroleum products.



46023.  "Refinery" means a facility or location which refines crude
oil, including condensate and natural gasoline, into petroleum
products, lubricating oils, coke, or asphalt.



46024.  "Responsible party" or "party responsible" means any of the
following:
   (a) The owner or transporter of crude oil or petroleum products or
a person or entity accepting responsibility for the crude oil or
petroleum products.
   (b) The owner, operator, or lessee of, or person who charters by
demise, any vessel or marine facility, or a person or entity
accepting responsibility for the vessel or marine facility.



46025.  "Spill" means any release of at least one barrel of crude
oil or petroleum products into marine waters which is not authorized
by any federal, state, or local government entity.



46026.  "State Interagency Oil Spill Committee" means the committee
established pursuant to Article 3.5 (commencing with Section 8574.1)
of Chapter 7 of Division 1 of Title 2 of the Government Code.



46027.  "State 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 of Division 1 of Title 2 of the
Government Code.


46028.  "Tanker" means any self-propelled, waterborne vessel,
constructed or adapted for the carriage of crude oil or petroleum
products in bulk or in commercial quantities as cargo.



46029.  "Vessel" means a tanker or barge as defined in this chapter.