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(continued)
bonds (1) may be negotiable, (2) may be payable to order or to
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 or issuance of
bonds pursuant to this article, 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 article.
(c) Proceeds of the sale of any bonds or drawings on any standby
arrangement or other financial arrangements shall be deposited in the
fund.
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8670.53.5. Any financial arrangements made or issued pursuant to
this article, and the repayment of any such obligations, shall be
special obligations of the state secured solely by the moneys in the
fund. No financial arrangement issued or made pursuant to this
article 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. Every
financial arrangement made pursuant to this article 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.
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8670.53.7. (a) All bonds issued pursuant to this article are 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) Bonds issued under this article 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.
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8670.53.8. There is hereby appropriated from the fund, without
regard to fiscal year, any and all moneys necessary to pay (1)
principal, (2) interest, (3) premium, if any, (4) commitment,
standby or availability fees, or charges in connection with any
standby arrangement, other financial arrangement, or bonds issued
pursuant to this article, or (5) any rebate penalty, or other payment
necessary to maintain the federal tax-exempt status of any bonds or
financial arrangement. The Treasurer shall advise the administrator
and the Controller of amounts annually necessary to pay the
principal, interest, premiums, and fees on obligations issued
pursuant to this article, and those amounts shall not be available
for expenditure for other purposes.

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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.
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8670.53.95. Section 10295 and Sections 10336 to 10382, inclusive,
of the Public Contract Code shall not apply to agreements entered
into by the Treasurer in connection with obtaining the financial
arrangements authorized by this article.
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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 and the State Interagency Oil Spill Committee. The
committee shall consist of ten members, of whom six shall be
appointed by the Governor, two by the Speaker of the Assembly, and
two by the Senate Rules Committee. The appointments shall be made in
the following manner:
(1) The Speaker of the Assembly, and Senate Rules Committee shall
each appoint members who shall be representatives 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 Rules Committee
shall each appoint a member who has 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.
(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 chairman and vice chairman shall be elected by a majority
vote of the committee.

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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, and the State Interagency Oil Spill Committee, on any
provision of this chapter including the promulgation of all rules,
regulations, guidelines, and policies.
(b) The committee may, at its own discretion, study, comment on,
or evaluate, 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
8601.10 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.
(e) On or before August 1, 2005, the committee shall review the
Department of Finance report required under Section 8670.42 and
prepare and submit to the Governor and the Legislature comments on
the report, including, but not limited to, recommendations for
improving the state's oil spill prevention, response, and
preparedness program.
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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.

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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.
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8670.56.5. (a) Any responsible party, as defined in Section 8670.3,
shall be absolutely liable without regard to fault for any damages
incurred by any injured party which arise out of, or are caused by,
the discharge or leaking of oil into or onto marine waters.
(b) A responsible person is not liable to an injured party 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, which 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 party.
(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) Discharge or leaking of oil or natural gas from a private
pleasure boat or vessel.
(6) 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 person 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
responsible under this section, the court shall join to the action
any other party who may be responsible under this section.
(e) In determining whether a party is a responsible party under
this section, the court shall consider the results of any 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 which caused the damage to the
injured party. The defendant shall have the burden of producing the
results of tests of samples of the substance which 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 any 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, attorneys'
fees, and the costs of any necessary expert witnesses to any
prevailing plaintiff. The court may award reasonable costs of the
suit and attorneys' fees to any prevailing defendant if the court
finds that the plaintiff commenced or prosecuted the suit under this
section in bad faith or solely for purposes of harassing the
defendant.
(g) This section does not prohibit any 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 party for any loss or injury for which the party is or
has been awarded damages under any other provision or principle of
law. Subdivision (b) does not create any defense not otherwise
available regarding any 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 any 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 any 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 his or her earnings from the
activities which utilize the property or natural resources, or, if
those activities are seasonal in nature, 25 percent of his or her
earnings during the applicable season.
(7) Loss of use and enjoyment of natural resources, public
beaches, and other public resources or facilities, in any 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 any
person.
(j) This section does not apply to claims for damages for personal
injury or wrongful death, and does not limit the right of any person
to bring an action for personal injury or wrongful death under any
provision or principle of law.
(k) Any 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 any royalties, rents, or net profits owed to the United
States, the state, or any other public entity.
(l) Any action which 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 any
action on behalf of a private individual or entity which requests the
state not to pursue that action.
(m) For the purposes of this section, "vessels" means vessels as
defined in Section 21 of the Harbors and Navigation Code.
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8670.56.6. (a) (1) Except as provided in subdivisions (b) and (d),
and subject to subdivision (c), no person, including, but not limited
to, an oil spill cooperative, its agents, subcontractors, or
employees, shall 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 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, onsite coordinator, or the
Coast Guard in response to a spill or threatened spill of oil.
(2) The qualified immunity under this section shall not apply to
any oil spill response action that is 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) Nothing in this section shall, in any manner or respect,
affect or impair any cause of action against or any liability of any
person or persons responsible for the spill, for the discharged oil,
or for the vessel, terminal, pipeline, or facility from which the oil
was discharged. The responsible person or persons 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) Nothing in this section shall, 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 marine 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 provision of 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 cooperative 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) Nothing in this section shall immunize a cooperative or any
other person from liability for acts of gross negligence or willful
misconduct in connection with the cleanup of a spill.
(e) This section does not apply to any action for personal injury
or wrongful death.
(f) As used in this section, a "cooperative" means an organization
of private persons which is established for the primary purpose and
activity of preventing or rendering care, assistance, or advice in
response to a spill or threatened spill.
(g) Except for the responsible party, membership in a cooperative
shall not, in and of itself, be grounds for liability resulting from
cleanup activities of the cooperative.
(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, in accordance with its terms, reimburse
claims of any injured party 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 qualified and responsible persons are
in place to ensure an adequate and expeditious response to any
foreseeable oil spill that may occur in marine waters 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, to the maximum extent practicable, procure 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 marine
waters.
(2) In addition to the authority to negotiate contracts described
in paragraph (1), the administrator may also negotiate and enter into
indemnification agreements with qualified and financially
responsible persons to respond to oil spills that may occur in marine
waters 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, to the maximum extent
practicable, procure 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, the payment of which is
to be made from the Oil Spill Response Trust Fund created pursuant
to Section 8670.46, or for response to an imminent threat of a spill,
the payment of which is to be made out of the Oil Spill Prevention
and Administration Fund created pursuant to Section 8670.38, 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, upon making all the following findings, extend
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
marine or land resources, (ii) threaten already contaminated marine
or land 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) No person or their agents, subcontractors, or employees shall
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.
(l) As used in this section, "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, onsite coordinator, or the Coast
Guard in response to a spill or threatened spill into marine waters.

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8670.56.7. (a) A nonprofit maritime association that provides spill
response services pursuant to an oil spill contingency plan approved
by the administrator, and the association's officers, directors,
members, and employees shall have limited liability as follows:
(1) Section 8670.56.6 applies to any nonprofit maritime
association that provides spill response services pursuant to its
statewide oil spill contingency plan.
(2) A nonprofit maritime association providing oil spill
contingency plan response services may require, through agreement of
the parties, as a condition of providing these services, the owner or
operator of the nontank vessel to defend, indemnify, and hold
harmless the association and its officers, directors, members, and
employees from all claims, suits, or actions of any nature by
whomever asserted, even though resulting, or alleged to have resulted
from, negligent acts or omissions of the association or of an
officer, director, member, or employee of the association in
providing spill response plan services under the contract.
(3) Membership in the association or serving as a director of the
association shall not, in and of itself, be grounds for liability
resulting from the activities of the association in the preparation
or implementation of an oil spill contingency plan.
(4) This section shall not be deemed to include the association or
its officers, directors, members, or employees as a responsible
party, as defined in Section 8670.3 of this code and in Section 8750
of the Public Resources Code for the purposes of this chapter,
Article 3.5 (commencing with Section 8574.1) of Chapter 7 of this
code, and Division 7.8 (commencing with Section 8750) of the Public
Resources Code.
(5) This section does not limit the liability of any responsible
party, as defined in Section 8670.3. The responsible party is liable
for all damages arising from a spill, as provided in Section
8670.56.6.
(b) Section 8670.56.6 applies to any person, including, but not
limited to, an oil spill cooperative, its agents, subcontractors, or
employees, that contract with a nonprofit maritime association to
provide spill response services for the association's oil spill
contingency plan.
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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.

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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.
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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 which 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 which 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 which 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 (g) 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 which 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 which 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.
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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 and in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.

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8670.61.5. (a) For purposes of this chapter, "wildlife
rehabilitation" means those actions that are necessary to fully
mitigate for the damage caused to wildlife, fisheries, wildlife
habitat, and fisheries habitat, including beaches, from the spill of
oil into marine waters.
(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
a wildlife rehabilitation plan to the administrator. The plan shall
describe the actions that will be implemented to fully meet the
requirements of subdivision (b), describe contingency measures which
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 procedures established by the United States Fish
and Wildlife Service or any other reasonable methods as determined
by the Director of Fish and Game.
(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.

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8670.62. (a) Any person who discharges oil into marine waters, 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) which, 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 operators
furnished or unoperated. Notwithstanding any other provisions of
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) "Threaten," for purposes of this section, 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.

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8670.63. 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.
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8670.64. (a) Any person who commits any of the following acts,
shall, upon conviction, be punished by imprisonment in the county
jail for not more than one year or by imprisonment in the state
prison:
(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 which enters marine waters. For
the purposes of this paragraph, "vessel" means a vessel, as defined
in Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.
(3) Knowingly engages in or causes the discharge or spill of oil
into marine waters, or any person who reasonably should have known
that he or she was engaging in or causing the discharge or spill of
oil into marine waters, 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) The court shall also impose upon a person convicted of
violating subdivision (a), a fine of not less than five thousand
dollars ($5,000) or more than five hundred thousand dollars
($500,000) for each violation. For purposes of this subdivision,
each day or partial day that a violation occurs is a separate
violation.
(c) (1) Any person who knowingly does any of the acts specified in
paragraph (2) shall, upon conviction, be punished by a fine of not
less than two thousand five hundred dollars ($2,500) or more than two
hundred fifty thousand dollars ($250,000), or by imprisonment in the
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 in the state prison or in the county jail for not more
than one year, or by a fine of not less than five thousand dollars
($5,000) or more than five hundred thousand dollars ($500,000), or by
both the fine and imprisonment:
(2) The acts subject to this subdivision are all of the following:

(A) Fails to notify the Office of Emergency Services in violation
of Section 8670.25.5.
(B) Continues 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).
(C) Except as provided in Section 8670.27, knowingly fails to
follow the material provisions of an applicable oil spill contingency
plan.
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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.
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8670.66. (a) Any person who intentionally or negligently does any
of the following acts shall be subject to a civil penalty of not less
than twenty-five thousand dollars ($25,000) or more than five
hundred thousand dollars ($500,000) 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 an oil
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 of oil which enters marine waters. For the
purposes of this paragraph, "vessel" means a vessel, as defined in
Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.
(3) Discharges or spills oil into marine waters, 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 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) No person shall 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.

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8670.67. (a) Any person who intentionally or negligently does any
of the following acts shall be subject to an administrative civil
penalty not to exceed one hundred thousand dollars ($100,000) 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 an oil 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 of oil which enters marine waters. For the
purposes of this paragraph, "vessel" means a vessel, as defined in
Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.
(3) Discharges or spills oil into marine waters, 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) No person shall 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.

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8670.67.5. (a) Any person who without regard to intent or
negligence causes or permits oil to be discharged 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 ten
dollars ($10) per gallon of discharged oil. The amount of the
penalty shall be reduced for every gallon of discharged oil that is
recovered and properly disposed of in accordance with applicable law.

(c) Whenever the discharge of oil resulted from gross negligence
or reckless conduct, the administrator shall, in accordance with
Section 8670.68, impose a penalty in the amount of thirty dollars
($30) per gallon of discharged oil. The amount of the penalty shall
be reduced for every gallon of discharged oil that is recovered and
properly disposed of in accordance with applicable law.
(d) The administrator shall adopt regulations governing the method
for determining the amount of oil that is cleaned up.
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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 toreview (continued)