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Certificates of Financial Responsibility (Sections 791 – 798)

Proposed Readoption of Emergency Regulations

July 13, 2018

The Office of Spill Prevention and Response (OSPR) is proposing to readopt the emergency regulations last approved by the Office of Administrative Law (OAL) on August 7, 2017. For purposes of this proposed readoption, OSPR is not making any changes to those emergency regulations. This is a provisional readoption to preserve the emergency regulations during OAL’s review of the permanent rulemaking filed on June 25, 2018.

Pursuant to Government Code section 11346.1, subdivision (a)(2), and California Code of Regulations, title 1, section 52, at least five working days prior to submission of the proposed readoption to OAL, OSPR must provide related notice to every person who has filed a request for notice of regulatory action with OSPR. After submission of the proposed readoption to OAL, any interested person will have five calendar days to submit related comments to OAL as set forth in Government Code section 11349.6. Also upon submission, OAL will have ten calendar days within which to review and make a decision on the proposed readoption.

Public comments must be submitted to OAL by July 25, 2018.

The rulemaking file for the readoption consists of the following documents:


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.

Written comments must be received no later than 5:00 p.m. on Wednesday, June 6, 2018. Comments may be submitted by mail, fax, or email to:

California Department of Fish and Wildlife
Office of Spill Prevention and Response
1700 K Street, Suite 250
Sacramento, CA 95811
Fax: (916) 324-5662
Email: OSPRRegulations@wildlife.ca.gov 

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

Additional Documents Incorporated by Reference:

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.

Two public hearings have been scheduled as follows:

Date & Time:  Tuesday, February 13, 2018 from 9:00 a.m. - 12:00 p.m.
Location:  In the auditorium of the Natural Resources Building
                1416 Ninth Street, Sacramento, CA 95814

Date & Time:  Thursday, February 22, 2018 from 1:30 p.m. - 4:30 p.m.
Location:  Associated Builders & Contractors
                19466 Flight Path Way, Bakersfield, CA 93308

Both facilities are wheelchair accessible. At the public hearings, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Initial Statement of Reasons. The purpose of the hearings is to receive public testimony, not to engage in debate or discussion.

Written comments are welcomed and must be received no later than 5:00 p.m. on February 22, 2018. Comments may be submitted by mail, fax, or e-mail as follows:

California Department of Fish and Wildlife
Office of Spill Prevention and Response
Attn: Regulations Unit
1700 K Street, Suite 250
Sacramento, CA 95811
Fax: (916) 324-5662
Email: OSPRRegulations@wildlife.ca.gov

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

Forms Incorporated by Reference: 


Readoption of Emergency Regulations

August 11, 2017
The Office of Administrative Law has approved the readoption of the emergency regulations. These regulations are valid for another 12 months.

September 1, 2016
The Office of Administrative Law has approved the readoption of the emergency regulations. These regulations are valid for another 12 months.


Contact Information

Christine Kluge
Email: Christine.Kluge@wildlife.ca.gov
Phone: (916) 327-0910


Last update : 7/30/2018 5:08:23 PM