13220-13231

FISH AND GAME CODE
SECTION 13220-13231




13220.  Except as provided in Section 13230, the money in the Fish
and Game Preservation Fund, commencing with the 2005-06 fiscal year,
is available for expenditure, upon appropriation by the Legislature,
for all of the following purposes:
   (a) To the department for payment of refunds of sums determined by
it to have been erroneously deposited in the fund, including, but
not limited to, money received or collected in payment of fees,
licenses, permits, taxes, fines, forfeitures, or services.
   (b) To the department for expenditure in accordance with law for
the payment of all necessary expenses incurred in carrying out this
code and any other laws for the protection and preservation of birds,
mammals, reptiles, and fish.
   (c) To the commission for expenditure in accordance with law for
the payment of the compensation and expenses of the commissioners and
employees of the commission.



13230.  (a) Funds deposited in the Oil Pollution Administration
Subaccount created pursuant to subdivision (a) of Section 13010
shall, upon appropriation by the Legislature, only be expended by the
director, his or her deputy, or designee, for the costs of
administering the pollution response, abatement, and habitat
restoration activities not otherwise authorized by the
Lempert-Keene-Seastrand Oil Spill Prevention and Response Act.
   (b) Notwithstanding Section 13340 of the Government Code, funds
deposited in the Oil Pollution Response and Restoration Subaccount
created pursuant to subdivision (b) of Section 13010 are continuously
appropriated to the department for expenditure by the director, his
or her deputy, or designee, without regard to fiscal years for
response and restoration activity related to oil spills not otherwise
authorized by the Lempert-Keene-Seastrand Oil Spill Prevention and
Response Act.
   (c) Funds deposited in the Hazardous Materials Administration
Subaccount created pursuant to subdivision (c) of Section 13010
shall, upon appropriation by the Legislature, only be expended by the
director, his or her deputy, or designee, for the reasonable cost of
administering the hazardous materials response and restoration
activities of the department.
   (1) These activities shall include the cross training and staffing
of existing department and interagency personnel necessary to
achieve efficiency in the use of existing funds and resources in
response to hazardous materials and restoration activities of the
department.
   (2) The department may appoint and contract with technical experts
to assist in the response and remediation of toxic material
discharges.
   (d) Notwithstanding Section 13340 of the Government Code, funds
deposited in the Hazardous Materials Response and Restoration
Subaccount are continuously appropriated to the director, his or her
deputy, or designee, for expenditure without regard to fiscal years
for the response and abatement of hazardous materials that are
spilled or discharged on the lands and in the waters of the state,
and for the protection, preservation, and restoration of fish and
wildlife impacted by discharges of hazardous materials into the
environment of the state. No funds appropriated from this subaccount
shall be expended to establish personnel positions nor shall any
personnel positions be created with contract funds from this
subaccount.



13231.  Consistent with Section 13203, the department shall maintain
a cost accounting system that accounts for the costs of each
activity or program engaged in pursuant to Section 13230 using funds
from the subaccounts listed in that section.