Certificates of Financial Responsibility (Sections 791 – 798)

Final Approval of Amendments to Sections 791 through 798, Title 14, California Code of Regulations.

December 19, 2018

The statewide regulations implementing Senate Bill 861 were approved for permanent adoption by the Office of Administrative Law (OAL) and filed with the Secretary of State's office on December 17, 2018. The effective date of these amendments is January 1, 2019. Following are the final rulemaking documents

• OAL Approval (PDF)
• Approved Regulatory Text (PDF)
• Final Statement of Reasons (PDF)

Forms

• Application for Certification of Financial Responsibility for Inland Facilities (DFW Form 1932) (PDF)
• California Endorsement For Oil Spill Liabilities (DFW Form 1962) (PDF)
• Guaranty of Financial Responsibility for Oil Spill Response and Damages (DFW Form 1928) (PDF)
• Surety Bond for Oil Spill Response and Damages (DFW Form 1948) (PDF)
• Trust Agreement (DFW Form 1961) (PDF)

Revised Surety Bond Form

October 9, 2018

A surety bond, as a method of demonstration of financial responsibility, provides funds to pay for cleanup and damages caused by an oil spill. The California Department of Fish and Wildlife, Office of Spill Prevention and Response has revised, and the Office of the Attorney General has approved, the Surety Bond for Oil Spill Response and Damages (form DFW 1948). For regulatory information about the use of a Surety Bond, refer to the text (PDF) of the financial responsibility regulations (Title 14, California Code of Regulations, sections 791 through 798).

• OAL Approval (PDF)
• Surety Bond for Oil Spill Response and Damages (form DFW 1948) (PDF)

Second 15-Day Notice Regarding Modifications to Certificates of Financial Responsibility

October 10, 2018

OSPR is proposing to adopt additional changes to the regulatory text of Sections 791 through 798, Title 14, California Code of Regulations, pertaining to Certificates of Financial Responsibility. The initial public notice was published in the California Regulatory Notice Register on December 29, 2017, OAL Notice File No. Z-2017-1219-13, and was re-noticed for a 15-day comment period on May 22, 2018.

This second 15-day comment period allows for public comments exclusively on the revisions as illustrated on the attached text by bold, double underline and italics for added text, and double strikethrough and italics for deleted text.
The written comment period is closed.

The proposed revision to the rulemaking file consist of the following documents:

• 15-Day Notice of Continuation (PDF)
• Amended Proposed Regulatory Text (PDF)
• Second Amended Initial Statement of Reasons (PDF)

Documents associated with the previous 15-day comment period, as well as the original notice can be found below.

15-Day Notice Regarding Modifications to Certificates of Financial Responsibility

May 22, 2018

OSPR proposes to amend Title 14, California Code of Regulations, sections 791 through 798. An Amended Initial Statement of Reasons and revised Economic and Fiscal Impact Statement (STD Form 399) have been prepared.
The written comment period is closed.

The proposed revision to the rulemaking file consist of the following documents:

• 15-Day Notice of Continuation (PDF)
• Amended Proposed Regulatory Text (PDF)
• Amended Initial Statement of Reasons (PDF)
• Revised Economic and Fiscal Impact Statement (STD 399) (PDF)

Additional Documents Incorporated by Reference:

• ERMA. 2015. Web Application: Southwest Environmental Response Management Application, National Oceanic and Atmospheric Administration (NOAA)

The rulemaking documents from the original notice can be found below.

Proposed Rulemaking to Amend Certificates of Financial Responsibility

December 29, 2017

The Office of Spill Prevention and Response (OSPR) is proposing to amend/adopt regulations regarding Certificates of Financial Responsibility in sections 791 through 798, Title 14, California Code of Regulations. Pursuant to statutory changes created by Senate Bill (SB) 861, the proposed regulations set forth procedures for inland facilities to prepare and submit to OSPR for approval, proof of financial responsibility for oil spills.

The Office of Administrative Law approved emergency regulations for this purpose, however, as emergency regulations they did not go through the formal comment process. These regulations were later readopted and will expire on August 7, 2018. OSPR is now initiating this regular rulemaking action to make these emergency regulations permanent. In accordance with the Administrative Procedure Act, OSPR provided notice of the proposed regulatory action to the Office of Administrative Law for publication in the California Regulatory Notice Register on December 29, 2017. The public notice begins a 45-day review process during which interested persons may comment on the proposed rulemaking.

The written comment period is closed.

The current rulemaking file for this proposed action consists of the following documents:

• Notice of Proposed Rulemaking (PDF)
• Proposed Regulatory Text Language (PDF)
• Initial Statement of Reasons (PDF)
• Economic and Fiscal Impact Statement (STD 399) (PDF)
• Other Material in Rulemaking File (PDF)

Forms Incorporated by Reference: 

• Application for Certification of Financial Responsibility for Inland Facilities (DFW Form 1932) (PDF)
• California Endorsement For Oil Spill Liabilities (DFW Form 1962) (PDF)
• Guaranty of Financial Responsibility for Oil Spill Response and Damages (DFW Form 1928) (PDF)
• Surety Bond for Oil Spill Response and Damages (DFW Form 1948) (PDF)
• Trust Agreement (DFW Form 1961) (PDF)

Readoption of Emergency Regulations

July 30, 2018
The Office of Administrative Law has approved the readoption of the emergency regulations. These regulations are valid for another 12 months.

• Text of Emergency Regulations (PDF)
• Notice and Filing (Approval) of Readopt (PDF) (readopted until 7/30/19)
• Notice of Request for Readoption (PDF)