§ 12017. — 12017. (Amended (as amended by Stats. 2022, Ch. 258, Sec. 16) by Stats. 2023, Ch. 132, Sec. 218.)

California § 12017.

• Jurisdiction: California
• Code FGC: Fish and Game Code - FGC
• Div. 9.: DIVISION 9. FINES AND PENALTIES
• Ch. 1.: CHAPTER 1. General Provisions

Text

(a)
Notwithstanding subdivision (a) of Section 13001, any recovery or settlement of money received pursuant to the following sections shall be deposited in the Fish and Wildlife Pollution Account:
(1)
Section 2014.
(2)
Article 1 (commencing with Section 5650) of Chapter 2 of Part 1 of Division 6.
(3)
Section 12015 or 12016.
(4)
Chapter 4 (commencing with Section 151) of Division 1.5 of the Harbors and Navigation Code.
(5)
Section 13442 of the Water Code.
(6)
Proceeds or recoveries from pollution and abatement actions.
(b)
Moneys in the account are continuously appropriated to the department, except as provided in Section 13230.
(c)
Funds in the account shall be expended for the following purposes:
(1)
Abatement, cleanup, and removal of pollutants from the environment.
(2)
Response coordination, planning, and program management.
(3)
Resource injury determination.
(4)
Resource damage assessment.
(5)
Economic valuation of resources.
(6)
Restoration or rehabilitation at sites damaged by pollution.
(d)
Notwithstanding subdivision (c), funds in the account in excess of one million dollars ($1,000,000) as of July 1 of each year may also be expended for the preservation of California plants, wildlife, and fisheries.
(e)
Funds in the account may be expended for cleanup and abatement if a reasonable effort has been made to have the responsible party pay cleanup and abatement costs and funds are not available for disbursement from the emergency reserve account of the Toxic Substances Control Account in the General Fund pursuant to Section 78875 of the Health and Safety Code.
(f)
The department may use funds in the account to pay the costs of consultant contracts for resource injury
determination or damage assessment during hazardous material or oil spill emergencies. These contracts are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

Legislative History

Amended (as amended by Stats. 2022, Ch. 258, Sec. 16) by Stats. 2023, Ch. 132, Sec. 218. (AB 1760) Effective January 1, 2024.