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(continued)
The Unified Command shall consist of the State's On-Scene Coordinator, the Federal On Scene Coordinator, the senior representative of the party responsible for the spill if the party is identified and assumes responsibility and, if included in the MOU described in Subsection (d) below, the representative(s) from the local jurisdiction(s) directly impacted by the spill. The local government representative(s) shall be designated within the local oil spill contingency plan element prepared pursuant to Section 852.62.2(a)(1)(E) of this subchapter.
Such participation by local governments in the Unified Command shall be conditioned on the following:
(a) Completion of a local plan that meets the requirements of Government Code Section 8670.35 and this subchapter.
(b) Participation by local governments in the area contingency planning process of the United States Coast Guard.
(c) Recognition of the Federal On-Scene Coordinator and the State On-Scene Coordinator who have the authority to issue orders and direction to the responsible party.
(d) Upon completion of the process described in Article 2 of this subchapter, a memorandum of understanding (MOU) shall be entered into among the State and all local governments within a county. The MOU is for the purposes of ensuring a unified and coordinated effort between State and local government agencies through appropriate mutual aid in the event of an incident and the coordinated and informed representation within the Unified Command.


Note: Authority cited: Section 8574.1, 8574.7, 8670.7 and 8670.35, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7 and 8670.35, Government Code.

s 852.61.1. Scope and Applicability.
(a) The regulations contained in this Article set forth the minimum criteria to be developed or identified in a local oil spill contingency plan element submitted by local governments responsible for the completion, updating or revision of an oil spill plan element in order to apply for and receive a grant from the Fund.
(b) This Article applies to all eligible applicants.


Note: Authority cited: Sections 8670.35, 8670.38 and 8670.39, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7, 8670.35 and 8670.38, Government Code.

s 852.61.2. Grant Application Process.
(a) An applicant shall submit the documents specified in Section 852.61.6 of this Article in order to apply for a grant.
(b) An original and five (5) copies of the documents required in Subsection (a) shall be submitted to the Administrator. All applications and supporting documents submitted prior to the applicable deadline will become the property of the Administrator. The original documents or one copy will be retained for a minimum of three (3) years for all applicants receiving a grant award.
(c) Documents required in Subsection (b) shall be delivered to the Department of Fish and Game, (OSPR) at the address set forth in the Grant Application.
(d) The documents required in Subsection (b) must be received by the Administrator on or before the close of the application period specified in Section 852.61.4. Grant applications received after the applicable deadline will be returned to the applicant unopened.
(e) Submission of the documents required in Subsection (b) shall be deemed to be an applicant's acceptance of the terms and conditions set forth in this subchapter.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.

s 852.61.3. Grant Applicant Eligibility.
(a) The Administrator may award a grant to an applicant if the following eligibility criteria are met:
(1) The applicant is a local government which is required to implement an Area Plan pursuant to Section 22503(a) and (b) of the Health and Safety Code, and has jurisdiction over or is directly adjacent to marine waters as defined; and
(2) The applicant has elected to complete, update or revise an oil spill contingency plan element of a Hazardous Materials Area Plan pursuant to Section 25503 of the Health and Safety Code, in accordance with this subchapter.
(b) A county, whose designated jurisdiction excludes an independently eligible city(s), is not eligible to obtain additional funds which the excluded city(s) may be eligible to receive, unless it is a county-city joint plan proposal as specified in Section 852.61.8 of this subchapter.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7 and 8670.35, Government Code.

s 852.61.4. Grant Application Period.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code; and section 22 of the Act. Reference: Section 8670.35, Government Code.

s 852.61.5. Grant Amount.
(a) No grant to an individual local government may exceed $50,000. Grants awarded to local governments submitting joint proposals to prepare, update or revise an area plan(s), as specified in Section 852.61.8 of this subchapter, shall be awarded an amount not to exceed $50,000 for each local government covered by the proposal. Grant awards for subsequent fiscal years shall be determined subject to and in accordance with, annual appropriations by the California Legislature for such purposes.
(b) Grant amounts shall be determined by the Administrator, based on the number of eligible grant recipients selected to receive an award pursuant to Section 852.61.8 and the extent to which the proposal addresses the minimum planning requirements set forth in Section 852.62.2 of this subchapter.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.

s 852.61.6. Contents of the Grant Application.
Applicants shall submit to the Administrator a Grant Application which shall include, but not be limited to, the following:
(a) A Local Government Grant Application (Application), form #FG-OSPR 1914 (New 2/92). The Application must be signed by an authorized official(s) of the Local Government(s) covered by the proposal.
(b) A Project Proposal, which shall include all of the following:
(1) A description of the oil spill contingency plan element to be completed, updated or revised pursuant to Sections 852.62.1 and 852.62.2 of this Article.
(2) An explanation of the proposal's goals or objectives;
(3) A map identifying the geographical area covered by the proposal;
(4) A description of the procedures and methodology to be used to complete, update or revise the oil spill contingency plan element. This shall include, but is not limited to, a description of the work plan; need for consulting services; milestones for completion; levels of plan review; provisions for ensuring consistency with the area plans for United States Coast Guard Captain of the Port Areas, the State and National Oil Spill Contingency Plans, and local coastal programs pursuant to Section 30500, Public Resources Code; and target completion date;
(5) A list of all persons required to implement the proposal by name and title or position, and a brief job description.
(c) A Budget Report consisting of a breakdown of costs to be incurred during the project term. This shall include, but is not limited to, personnel services, contracted professional and consultant services, and operating expenses that include publication costs required to implement the proposal.
(d) A Declaration by the authorized official(s) identified in Subsection (a) of this section stating that the person or entity submitting the application is authorized to submit the application on behalf of the local government(s).


Note: Authority cited: Sections 8574.1, 8574.7, 8670.7, 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7, 8670.35 and 8670.38, Government Code.

s 852.61.7. Review of Grant Application.
(a) The Administrator shall have thirty (30) calendar days in which to review the grant application and verify that it is complete and includes all necessary documents and information as set forth in Section 852.61.6.
(b) If the information contained in the grant application, including supporting documents, is insufficient, the Administrator may request additional information. The applicant shall have 10 (ten) calendar days from the date of the request to submit the requested information to the Administrator. Failure to submit the additional information during this time period may result in the disqualification of applicant. The Administrator may, at his or her discretion, extend the 10 (ten) calendar day period for good cause.
(c) The Administrator shall have twenty (20) calendar days following the initial review period or deadline for submission of additional information, whichever is applicable, to conduct a detailed technical review of the proposal to determine whether it contains the minimum planning requirements set forth in Subsection 852.62.2 of this subchapter.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.

s 852.61.8. Evaluation and Selection of Grant Recipient.
(a) The Administrator may select one or more grant recipients from those applicants meeting the grant eligibility criteria set forth in Section 852.61.3, provided the grant proposals they submitted contain the minimum planning requirements set forth in Section 852.62.2 of this subchapter.
(b) The Administrator will apply the following criteria to determine prioritization of grant awards in the event that maximum grant awards can not be given to all applicants during any one fiscal year. The total number of points possible is 150.
(1) Prioritization will be given in decreasing order from (A) to (F), with the highest priority going to (A), Regional Plan Proposals covering one of the Coast Guard Designated Areas, which are outlined in Subsection (d) below.
(A) Regional Plan Proposals, as defined in Section 852.60.2, which include all cities and counties in a Coast Guard Designated Area for oil spill response. 80 points.
(B) Regional Plan Proposals which include less than all cities and counties in a Coast Guard Designated Area for oil spill response. 70 points.
(C) County-City Joint Proposals which cover at least one county and one city for oil spill response. 60 points.
(D) County Plan Proposals which cover one county for oil spill response. 50 points.
(E) Multi-City Plan Proposals which cover two or more cities for oil spill response. 40 points.
(F) City Plan Proposals which cover one city for oil spill response. 30 points.
(2) Following prioritization in accordance with Subsection (b)(1) above, the Administrator may take into account the following criteria in order to make the selection of grant recipients:
(A) The length of coast line that would be protected by the proposal. 20 points.
(B) The risk of oil spills, based on history of spills, and/or volume of oil transported in and along the coastline covered by the proposal and/or number of marine facilities covered by the proposal. 50 points.
(C) Notwithstanding subparagraph (b), the Administrator shall have the discretion to award grants to: grant applicants which have not previously received a grant award; to grant applicants submitting grant applications for the purpose of updating a local government oil spill contingency plan element, in order to be consistent with any changes in the National and/or State Contingency Plan(s); or to applicants submitting proposals covering areas of the coast, determined by the Administrator to be important in order to provide the best achievable protection for the California Coast, including, but not limited to sensitive environmental areas, areas containing unique environmental characteristics, and/or key areas of economic concern.
(d) For purposes of this subchapter, the proposed geographic boundaries for the Coast Guard Designated Areas are as follows:
(1) North Coast - Oregon Border to the Sonoma/Mendocino County line.
(2) San Francisco & Delta Region - Sonoma/Mendocino County line to the Santa Cruz/San Mateo County line, including San Francisco Bay and the portions of the Sacramento/San Joaquin Delta used for waterborne commercial vessel traffic to the Port of Stockton and the Port of Sacramento.
(3) Central Coast - Santa Cruz/San Mateo County line to the San Luis Obispo/Monterey County line.
(4) Northern Los Angeles/Long Beach - San Luis Obispos, Ventura and Santa Barbara Counties.
(5) Southern Los Angeles/Long Beach - Los Angeles and Orange Counties.
(6) San Diego - San Diego/Orange County line to the Mexico Border.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.

s 852.61.9. Notice of Grant Award or Denial.
(a) Within 10 (ten) business days following the review period specified in Section 852.61.7, the Administrator shall notify each applicant in writing whether its grant application was approved for award or denied.
(b) If the grant award is for less than the amount requested in the grant application, the applicant shall have five (5) business days from the date of notification of grant award to submit a revised budget, or to withdraw the application. The administrator shall have five (5) business days from the date of receipt of revised budget to approve or deny the revision.
(c) The notice of denial shall include the basis for denial and the name of a person who may be contacted for further information.
(d) Request for Reconsideration. The grant recipient shall have ten (10) calendar days from the date of the notice of denial to submit a written request for reconsideration of any decision to deny award. The request must contain the basis for requesting reconsideration and, if applicable, provides evidence which rebuts the basis for the denial. Within ten (10) calendar days from the date the request for reconsideration is received, OSPR will advise the grant recipient, in writing, of the Administrator's decision to grant or deny the request.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code

s 852.61.10. Grant Agreement.
(a) The written Grant Agreement shall contain the State of California standard agreement and addendums required by the Department of General Services, the grant proposal, the budget approved by Administrator, assure compliance with the terms and conditions specified in Section 852.61.11, and contain any other terms or conditions which the Administrator may deem necessary to carry out the purpose of this subchapter.
(b) Within forty-five (45) calendar days from the date the grant recipient is notified of the grant award or the date of approval of the revised budget, whichever is applicable, the OSPR shall mail the Grant Agreement to grantee.
(c) Upon receipt of the Grant Agreement, the grantee is required to return a signed original and five (5) copies to the OSPR within Sixty (60) calendar days along with a copy of the resolution, order, motion, or ordinance of the affected local governments' local governing body(s) by law having authority to enter into the proposed Grant Agreement, approving and authorizing execution of the Grant Agreement. Failure to execute the agreement within this period may constitute withdrawal of the application.
(d) Modifications to the executed Grant Agreement may be made only upon prior written approval by the Administrator or his or her designated representative. All requests for modification shall include a detailed description of the proposed change(s) and the reason(s) for the changes.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code

s 852.61.11. Terms and Conditions of a Grant Agreement.
The Grant Agreement shall contain the following terms and conditions:
(a) Midterm Report. The grant recipient shall be required to submit a midterm progress report to the Administrator within thirty (30) calendar days following the midterm of the project. The midterm of the project shall be based on the completion date specified in the grant proposal, unless otherwise agreed to by the Administrator. The report shall include, but not be limited to, all of the following:
(1) A statement that the oil spill contingency plan element being completed, updated or revised is or is not on schedule, and a description of the project tasks or milestones and the status of each. Pertinent reports or interim findings shall be appended.
(2) A discussion of any difficulties or special problems encountered in accomplishing the project tasks.
(3) A financial report comparing costs to date with the approved scope of work and the original approved budget. The report should state whether the program is progressing within the approved budget, and an explanation of any current or anticipated deviations. The report shall include a Statement of Expenditures showing the program's expenditures incurred to date.
(4) A report of any changes in personnel assigned to the development, review or approval of the project.
(b) Compliance. Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits.
(c) Subcontractors. Grant recipients shall maintain a list of all subcontractors required to implement the proposal, including name, address, and a description of their work. Applicants must comply with all applicable State Administrative Manual requirements when utilizing subcontractors for services required pursuant to the Grant Agreement.
(d) Auditing:
(1) All grant recipients shall maintain an accounting system which utilizes Generally Accepted Accounting Principles and practices. The Administrator, the State Controller's and the State Auditor General's office, or their designated representatives, shall have a right of reasonable access during normal business hours to all of the grant recipient's records pertaining to the grant.
(2) In addition to accounting records, all source documents associated with the accounting records shall be maintained by the grant recipient in sufficient detail to demonstrate that the funds were used for the purpose for which the grant program is intended. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county official, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers.
(3) The accounting records and source documents shall be retained for at least three (3) years after the grant is awarded, or until resolution of all issues which may arise as a result of any litigation, claim negotiation or audit, whichever is later.
(4) If an audit reveals that grant funds have not been spent in accordance with the Grant Agreement, the Administrator shall terminate the Grant Agreement, and take such steps as necessary to recover funds not spent in accordance with the Grant Agreement. Further, the grant recipient shall be required to forfeit the unexpended portion of the grant. Such forfeitures shall revert to the Fund.
(e) Grant Termination. The Administrator may, upon determining that the receipient has failed to comply with the terms or conditions of the Grant Agreement, terminate any grant in whole, or in part, at any time before the date of completion. The Administrator shall notify the recipient in writing of the termination, the reasons for the termination of the grant, and the effective date of termination. Termination of the Grant Agreement shall result in forfeiture of any funds withheld pursuant to Section 852.61.12(b) of this subchapter.
(f) Request for Reconsideration. The grant recipient shall have ten (10) calendar days from the date of the notice of grant termination to submit a written request for reconsideration of any decision to terminate the Grant Agreement. The request must contain the basis for requesting reconsideration and, if applicable, provide evidence which rebuts the basis for the grant termination. Within ten (10) calendar days from the date the request for reconsideration is received, OSPR will advise the grant recipient, in writing, of the Administrator's decision to grant or deny the request.
(g) Final Report. Upon completion and approval of the oil spill plan element by the Administrator in accordance with the Grant Agreement, pursuant to Section 852.62.3 of this subchapter the grant recipient shall submit a final report. The report shall be submitted within sixty (60) calendar days from the completion and approval of the above stated plan and shall include, but is not limited to:
(1) A Table of Contents.
(2) A brief summary of the objectives of the grant and how these objectives were accomplished.
(3) Any findings, conclusions, or recommendations for additional activities which result from the successful completion of the program for that grant year. A statement, if applicable, of future public and/or private support to maintain or further develop the local contingency plan.
(4) A list of subcontractors who participated, in whole or in part, in the grant program, including the names, addresses and a description of their work. Participating subcontractors must be selected in accordance with procedures outlined in the Grant Agreement.
(5) Final Financial Statement for the Program. This report shall provide information that enables the Administrator to determine the final specific use for all grant funds distributed and may include the final payment request. It shall also indicate all other sources of funds utilized by the program.
(6) Three copies of the completed and approved oil spill contingency plan element, which was completed, updated, or revised pursuant to the Grant Agreement. If portions of the local governments' area plan prepared in accordance with Section 25503 of the Health and Safety Code are cross referenced in the oil spill contingency plan element, the area plan must also be submitted as an addendum to the final report.
(h) A grant recipient shall certify to the Administrator every three (3) years that it has conducted a complete review of the oil spill element of the plan and has made necessary revisions. Whenever substantial changes are made to the oil spill contingency plan element, the grant recipient shall forward such changes to the Administrator within fourteen (14) calendar days of making such changes.
(i) Payment of Funds. Payment of grant funds shall be in accordance with Section 852.61.12 of this subchapter.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.

s 852.61.12. Payment of Grant Funds.
(a) The grant recipient may submit payment requests made in arrears consistent with the time frames set forth in the Grant Agreement.
(b) The OSPR shall retain 10% of the total amount awarded or 10% of any payment request until after the oil spill contingency plan element has been approved pursuant to Section 852.62.3 of this subchapter, the final report has been submitted, and the Administrator has determined that the grant recipient has complied with all terms and conditions of the Grant Agreement.
(c) All payment requests, including the final payment request, shall be submitted to the OSPR within 18 months from the date the Grant Agreement is executed, unless the Administrator approves requests submitted after that period.
(d) The balance of any grant award which is not encumbered during the period set forth in the preceding subparagraph (c) shall be deemed forfeited by the grant recipient. In no event may grant monies be encumbered following three years from the date of the Grant Agreement.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.

s 852.62.1. Format and Consistency Requirements for Proposed Oil Spill Contingency Plan Element.
(a) To the greatest extent possible, the oil spill contingency plan element contents shall be consistent with all of the following programs or plans:
(1) Area plans required pursuant to Chapter 6.95 of the Health and Safety Code commencing at Section 25500;
(2) The local government's coastal program as certified under Section 30500 of the Public Resources Code;
(3) Local Emergency Response plans required by the National Contingency Plan as revised pursuant to regulations implementing Section 4201(c) of OPA 90.
(b) Each local oil spill contingency plan element shall meet all applicable State and Federal Occupational Safety and Health Administration requirements.
(c) Each local oil spill contingency plan element shall follow the format of the Area Contingency Plans comnpleted by the United States Coast Guard, state agencies, and local government, as required by the OPA 90 (33 USC 2701, et seq.)


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code; and OPA 90 (33 USC 2701, et seq).

s 852.62.2. Minimum Planning Requirements.
(a) The Emergency Notification and Coordination Section.
The Emergency Notification and Coordination Section shall contain information which is essential for emergency notification(s) and coordination of incident response to an oil spill in marine waters within or adjacent to the jurisdiction of the local government.
(1) Emergency Notification.
The purpose of the Emergency Notification provisions set forth in this section is to provide timely notice to appropriate agencies and emergency personnel at the state, federal and local level. Emergency Notification shall include the following:
(A) Predesignation of the local government's primary contact person, including title and primary and after-hours telephone number, who is charged with the responsibility and authority to initiate local oil spill response operations.
(B) A current list of telephone numbers and addresses of the federal, state and local organizations and agencies to be notified by the local government's primary contact person when an oil discharge is discovered, which shall include the Office of Emergency Services. The Office of Emergency Services is currently required to then notify public agencies which may be affected by a spill, including the OSPR.
(C) A current list of local emergency response personnel, by job classification or title, including primary and after-hours telephone numbers and addresses of personnel on call to receive notification of an oil discharge.
(D) The local emergency response personnel and local organizations and agencies identified in Subsections (a)(1)(B) and (a)(1)(C) must include, but are not limited to: law enforcement; fire fighting services; medical and public health and safety services; poison control centers; evacuation centers; and hospitals.
(E) Predesignation of a local response coordinator, and alternate(s), including title, and telephone number, who are charged with the responsibility and authority to direct and coordinate local response operations including: crowd and traffic control; emergency evacuation; beach closures; fire suppression; and mobilization of local equipment and personnel. During emergency response, this person will serve as the local government representative for the State On-Scene Coordinator. Communication may be coordinated through the State Liaison officer identified in the State's Incident Command System outlined in the Marine Oil Spill Contingency Plan.
(2) Coordination of Incident Response.
The purpose of the Coordination of Incident Response provisions set forth in this subsection is to clarify local governments' role and responsibilities during an oil spill response.
(A) The following language must be restated in this section of the local government oil spill contingency plan element in order to delineate how the local government's role will be coordinated in the State's Incident Command System:
"The Administrator, in consultation with other state agencies and the local government representative, has the lead state authority and responsibility for overseeing oil spill response and clean up activities in marine waters, identification of natural resources, protection priorities, and damage assessment after an oil spill.
In the event of an oil spill in marine waters, the OSPR shall conduct an initial on-scene assessment of the spill and review the measures being taken by the responsible party and determine the appropriate level of response.
The State On-Scene Coordinator, in consultation with the local government representative, and if applicable, through joint conference with the Federal On-Scene Coordinator, shall determine the nature of the local government support needed, and how local government resources identified in the local oil spill contingency plan element may be employed most effectively. If local government assistance is determined to be needed, the State On-Scene Coordinator, through the Unified Command, shall coordinate with the local government representative identified in the local oil spill contingency plan element in order to obtain such local assistance."
(B) Procedures to establish coordinated communications with federal, state, and other local government response personnel to include, but not be limited to the following:
1. Provisions for access to a reliable communications system for timely notification of an oil discharge, a back up system, and the capability for interconnection with the communications systems established under related oil spill contingency plans, particularly State and National plans.
(b) The Emergency Planning and Procedures Section.
The purpose of the Emergency Planning and Procedures Section is to provide information essential for an effective and timely emergency response. This shall include logistics for emergency response, pre-emergency planning, training, drills, and incident critique and follow-up.
(1) Logistics for Emergency Response.
This section will assist in the identification of staging areas and local resources which may be used during an oil spill response. To the greatest extent possible, local area maps should be provided, where applicable, for the following information:
(A) Identification and description of possible locations for an oil spill response operations center and a reliable communications system for directing the coordinated overall response operations by the Unified Command.
(B) Firefighting capabilities for oil fires for both shipboard and on-shore structures, levels of fire response capability, and willingness of local government to respond to oil fires.
(C) Potential staging area sites to be used by the Unified Command for use in deployment of response equipment along the coastline.
(D) Identify a person, by title, or an agency within the local government to coordinate and obtain lodging accommodations for emergency response personnel, upon request. In addition, provide a listing (or copies of a listing) of local accommodations.
(E) Identification and inventory of available emergency response supplies and equipment under the control of the local government, which may potentially be used during an oil spill response to protect or contribute to the protection of resources. The list should include oil-spill-specific equipment, such as booms and skimmers, as well as land-moving equipment, such as bulldozers and cranes. In addition, identify the contact agency(s), title of person(s) with authority to deploy such equipment, their telephone numbers, and location where the equipment and supplies are stored.
(F) Identification and information on all local airports, or the nearest airport, which may be used for incoming response personnel and/or during response operations. This information should include sufficient details in order to determine the possible role of the airport during an emergency response.
(G) Identification of potential temporary hazardous waste storage sites that may be used for temporary storage of oily wastes retrieved following a marine oil spill, and procedures for securing necessary permits or variances from appropriate state agency(s), including title of responsible person at each agency, and a 24-hour telephone number.
(H) Identification and description of the private or public property and roads to which access would be required in the event of a spill, for the areas where a spill is most likely to occur or have an impact on the shoreline. Additionally, this information should identify a mechanism by which the local government can gain access to ownership information for such properties and a contact phone number on a 24-hour basis.
(I) Identification of local facilities, marine facilities, and marinas including location, capacity, and hours of operation which may be significantly impacted during an oil spill. For purposes of this subsection "facility" means any public or private utility or plant that requires water intake from or discharge systems into marine waters, and if disrupted would significantly impact the public health and safety. This would include, but is not limited to, water treatment plants, power plants, and desalination plants. Additionally, this information should contain the name, title and telephone number of a local contact person, and/or person(s) who own, hold an ownership interest in, or operate the local facility, marine facility, or marina, as applicable.
(J) Identification of control structures in areas which are tidally influenced, including river mouths, creeks, bays, and wetlands, which may be used to ameliorate or modify tidal flows in order to minimize damages resulting from an oil spill.
(K) Identification of all locally significant areas, including river mouths, bays, recreational boating use areas, shipping lanes and harbor entrances, which may require closure or other emergency measures in the event of an oil spill.
(L) Identification of local government representatives having information concerning local volunteer response groups, animal rescue/recovery groups, local media contacts or public information.
(M) Identification of possible locations for volunteer operations center facilities for oil spill volunteers. These facilities should have adequate space for screening prospective volunteers, registration, training, assignment and deployment of qualified volunteers to an oiled wildlife care facility or field location.
(2) Pre-Emergency Planning.
The pre-emergency planning portion of the Emergency Planning and Procedures Section shall contain information and provision for pre-emergency planning of local emergency response with state and federal responding agencies, particularly the state OSPR, and coordination of pre-emergency planning for response among contiguous jurisdictions.
In order to meet the requirements set forth in this provision of the Emergency Planning and Procedures Section, pre-emergency planning information may be set forth in this section or cross referenced to other portions of the oil spill contingency plan element or the local governments' area plan established pursuant to Health and Safety Code Section 25503 for emergency response to a release or threatened release of a hazardous material. The following information shall for purposes of pre-emergency planning be included or otherwise cross referenced in this section:
(A) Provisions for establishing a definition of authorities, responsibilities and duties of all persons, or entities that are identified in the Incident Command System. The authorities, responsibilities and duties of each person/entity shall be consistent with the State's Incident Command system. Additionally, identify person(s) by title and telephone number, with authority to commit resources during an oil spill response, if such person(s) differ from those person(s) predesignated to participate in the Incident Command System.
(B) Provisions for pre-emergency planning and coordination among emergency responders within the jurisdiction of a city, county or local agency. Pre-emergency planning shall include coordination of emergency response and emergency assistance between contiguous jurisdictions, and/or other jurisdictions within the same Coast Guard Designated Area.
(C) Procedures to assure that full oil spill response resource capability, under the control of the grant recipient, is known and can be committed during an oil spill response upon the request of the State On-Scene Coordinator. Such resources shall include the supplies and equipment identified in Section 852.62.2(b)(1)(E) of this subchapter.
(3) Training Requirements
(A) At a minimum, the oil spill contingency plan element shall establish provisions to ensure training of fire, police and other emergency response personnel in oil spill response and cleanup equipment use and operations that is currently available to the local government, and ensure compliance with all other applicable state or federal training requirements;
(B) Provisions for documenting personnel training described in Subsection (A) above.
(4) Drills.
The Emergency Planning & Procedures Section shall include provisions for coordinating drill participation with the grant paricipant and the State, and shall include the title and phone number of a contact person for drill participation. The grant participant shall make every effort to participate in oil spill contingency plan drills.
(5) Incident Critique and Follow-up.
The Emergency Planning & Procedure Section shall describe provisions for the critique and follow-up of major incidents of a release or threatened release of oil into the marine waters of the state. The critique shall include an interagency meeting to evaluate the response, to improve future response, and to determine if any oil spill contingency plan element revisions are necessary.
(c) The Local Resource Information Section.
The Local Resource Information Section of the oil spill contingency plan element shall include local area information that could be used by the State in order to facilitate the response to an oil spill. Only readily available information which the local governments currently possess should be included. Mapping of information may be completed to the extent feasible and, where possible, should be prepared on U.S.G.S. "7.5 minute series topographic maps" (7.5 minute quads). This section may include, but is not limited to, the following information:
(1) Identification of Natural Resources and Local Conditions.
(A) A description of the important natural, economic and cultural resources, or those which the grant recipient considers significant, which may be potentially impacted by marine oil spills that are within or adjacent to the jurisdiction of the local government. This description should include available information that the local government currently possesses and may include narratives or a listing of information sources on any known environmentally sensitive areas within local government jurisdiction. OSPR is principally responsible for gathering this information and prioritizing natural resources. OSPR is particularly interested in gathering information pertaining to species habitat and distribution, spawning or nursery areas, migration corridors, breeding grounds and/or feeding grounds. Accordingly, grant funds may not be expended to research, collect and prioritize this information.
(B) Based on information that the grant recipient currently possesses, identification of structures located in marine waters including piers, breakwater, submerged obstacles, pipelines and platforms.
(C) Based on information that the grant recipient currently possesses, identification of those areas where, from the perspective of the grant recipient, oil spills are most likely to occur.
(2) Identification of Facilities and local Areas of Major Concern to the Local Government.
This subsection shall contain information on facilities, areas of commercial interest, and public and private recreational areas which could be impacted by a marine oil spill and are of major concern to the local government. For purposes of this subsection "facility" means any public or private utility or plant that requires water intake from, or discharge systems into, marine waters and which, if disrupted, would significantly impact the public health and safety. This could include, but is not limited to, water treatment plants, power plants, and desalination plants. The listing or identification of facilities should include the location of the facility and the location of water intakes and discharges that may need to be protected during an oil spill. Additionally, this subsection may include:
(A) A prioritization of those facilities, areas of commercial interest, and public and private recreational areas within the jurisdiction of the local governments, that are of major concern during an oil spill. This includes the following:
1. A prioritization of those facilities that may be impacted by an oil spill which, if impacted, pose a potential threat to the public health and safety.
2. A prioritization of areas of economic or commercial interest, and public/private recreational interest including, but not limited to, mariculture, commercial fisheries, commercials ports, recreational areas and tourist areas.


Note: Authority cited: Sections 8670.25.5, 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.

s 852.62.3. Submittal and Approval of Local Oil Spill Contingency Plan Elements.
(a) The oil spill contingency plan element completed, updated, or revised pursuant to the Grant Agreement, must be submitted within 180 calendar days after the execution of the Grant Agreement, or upon a schedule agreed to by the Administrator. Each submittal shall be made with an original and at least two copies. Extensions for submittal may be granted at the discretion of the Administrator.
(b) An element shall be approved if it adequately addresses the minimum planning requirements specified in Section 852.62.2 of this subchapter, or addresses all of the minimum planning requirements required to be addressed pursuant to the Grant Agreement. The Administrator shall have ninety (90) calendar days, from the date of submission, in which to review the element and make an approval determination.
(c) If upon review the element is not approved, the plan shall be returned to the grant recipient that prepared it, specifying the basis of disapproval and identifying the items which must be addressed before the element may be approved. The grant recipient shall have ninety (90) calendar days within which to resubmit the plan, and address all concerns. Failure to do so will result in disapproval of the project. Upon disapproval, the funds withheld pursuant to Section 852.61.12(b) of this subchapter shall be forfeited. Such forfeitures shall revert to the Fund.
(d) Upon approval of the element, the grant recipient shall submit a final report pursuant to Section 852.61.11(g) of this subchapter.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Section 8670.35, Government Code.

s 870.15. Definitions.
In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) "Board" means the State Board of Equalization.
(b) "Fee" means the fees imposed pursuant to Article 6 (commencing with Section 8670.38) of Chapter 7.4, Division 1, Title 2 of the Government Code and deposited in the Oil Spill Prevention and Administration Fund in the State Treasury.
(c) "Marine Waters", for this subchapter, means those waters subject to tidal influence, including the waterways used for waterborne commercial vessel traffic to the Port of Stockton and the Port of Sacramento. Other waterways upstream of a line running north and south through the point where Contra Costa, Sacramento and Solano Counties meet, are not "marine waters".
(d) "Petroleum products" means any petroleum-based 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.


Note: Authority cited: Sections 8670.39, 8670.40 and 8670.41, Government Code. Reference: Sections 8670.40 and 8670.41, Government Code.

s 870.17. Payment of Fees.
(a) Oil transported by tank vessel or pipeline
The Administrator shall impose a fee on the oil transported by tank vessel or pipeline. The fee shall not exceed 5 cents ($0.05) per barrel of crude oil or petroleum products.
(1) Oil/Petroleum products transported by tank vessel:
The fee shall be imposed upon every person owning crude oil at the time that the crude oil is received at a marine terminal from within or outside the state, and upon every person owning petroleum products at the time that those petroleum products are received at a marine terminal from outside the state. The fee shall be collected by the marine terminal operator from the owner of the crude oil or petroleum products based on each barrel of crude oil or petroleum products so received by means of a vessel operating in, through, or across the marine waters of the state.
(2) Oil transported by pipeline:
In addition, every operator of a pipeline shall pay the fee for each barrel of crude oil originating from a production facility in marine waters and transported in the state by means of a pipeline operating across, under or through the marine waters of the state.
(b) Nontank vessel fee
The Administrator shall impose a fee per nontank vessel, to be collected with each new or renewal application to obtain a certificate of financial responsibility. The fee shall be levied as follows:
(1) Operator(s) or owner(s) of nontank vessels with a carrying capacity of over 6,500 barrels, or over 7,500 barrels for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $2,500 fee per vessel, or
(2) Operator(s) or owner(s) of nontank vessels that have a carrying capacity greater than 500 barrels of oil and less than or equal to 6,500 barrels of oil, or a carrying capacity greater than 500 barrels of oil and less than or equal to 7,500 barrels of oil for nontank vessels owned and operated by California or a federal agency, shall submit a nonrefundable USD $1,500 fee per vessel, or;
(3) Operator(s) or owner(s) of nontank vessels that have a carrying capacity of 500 barrels of oil or less shall submit a nonrefundable USD $500 fee per vessel.
(4) Do no deduct any processing fees from the per vessel fee.


Note: Authority cited: Sections 8670.39(b), 8670.40 and 8670.41, Government Code. Reference: Sections 8670.40(a) and (b) and 8670.41, Government Code.

s 870.19. Determination of Fee on Oil Transported by Tank Vessel or Pipeline.
(a) The fee imposed on the oil transported by tank vessel or pipeline shall be set at 5 cents ($0.05) per barrel of crude oil or petroleum products on January 20 of each year. In no event will the fee exceed 5 cents per barrel.
(b) 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 that plan, the Administrator shall set the fee so that the projected revenues, including any interest, are equivalent to expenses over the period covered by the plan. 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 a surplus is necessary to cover possible contingencies.
(1) Based upon the January 20 assessment, the Administrator may authorize the collection of a fee lower than 5 cents ($0.05) if the lower fee will result in the collection of sufficient monies during that state fiscal year to fund the purposes set forth in Section 870.21.
(2) The Administrator may suspend collection of the lower fee at any time. If the lower fee is suspended, the fee level shall return to 5 cents ($0.05) per barrel of crude oil or petroleum product and shall remain at the increased level for the balance of the fiscal year.
(c) Whenever the Administrator determines that the fee level shall be changed, the Administrator shall notify the Board in writing within 5 days of making the determination. The Board shall then notify feepayors of the new fee level within 30 days of receiving the determination from the Administrator. The new fee level shall then become effective 30 days after the feepayors have been notified by the Board.
(d) The data used to determine the fee level shall be provided by the Administrator to interested parties upon request.


Note: Authority cited: Section 8670.39(b) and 8670.40, Government Code. Reference: Section 8670.40(a), Government Code.

s 870.21. Fee Usages.
The fee on oil transported by tank vessel or pipeline shall be collected by the Board. All fees levied under this chapter shall be deposited in the Oil Spill Prevention and Administration Fund in the State Treasury. Money in this fund shall be used only for the following purposes: (continued)