Section 6612 - Determination if application complete; financial assurances by applicant(a) Upon receipt of an application to partially remove an offshore oil structure pursuant to this chapter, the department shall determine whether the application is complete and includes all information needed by the department.(b)(1) Upon a determination that the application is complete, the applicant shall provide surety bonds executed by an admitted surety insurer, irrevocable letters of credit, trust funds, or other forms of financial assurances, determined by the department to be available and adequate, to ensure that the applicant will provide sufficient funds to the department, council, commission, and conservancy to carry out all required activities pursuant to this article, including all of the following:(A) Environmental review of the proposed project pursuant to Section 6604.(B) A determination of net environmental benefit pursuant to Section 6613.(C) A determination of cost savings pursuant to Section 6614.(D) Preparation of a management plan for the structure pursuant to Section 6615.(E) Implementation of the management plan and ongoing maintenance of the structure after the department takes title pursuant to Section 6620.(F) Development of an advisory spending plan pursuant to Section 6621.(G) Other activities undertaken to meet the requirements of this article, including the costs of reviewing applications for completeness, and reviewing, approving, and permitting the proposed project, which includes the costs of determining whether the project meets the requirements of all applicable laws and regulations and the costs of environmental assessment and review.(2) The department shall consult with the council, commission, and conservancy in determining appropriate funding for activities to be carried out by those agencies.(3) The funds provided pursuant to paragraph (1) shall not be considered in the calculation of cost savings pursuant to Section 6614 or the apportionment of cost savings pursuant to Section 6618.(c) The first person to file an application on and after January 1, 2011, to partially remove an offshore oil structure pursuant to this chapter, shall pay, in addition to all costs identified under subdivision (b), the startup costs incurred by the department or the commission to implement this chapter, including the costs to develop and adopt regulations pursuant to this chapter. This payment of startup costs shall be reimbursed by the department as provided in paragraph (3) of subdivision (c) of Section 6618.(d) As soon as feasible after reaching the agreement pursuant to subdivision (b), the lead agency shall begin the environmental review of the proposed project as required pursuant to Section 6604.Ca. Fish and Game Code § 6612
Amended by Stats 2011 ch 296 (AB 1023),s 103, eff. 1/1/2012.Added by Stats 2010 ch 687 (AB 2503),s 1, eff. 1/1/2011.