BILL NUMBER: AB 1966	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  JUNE 21, 2012
	AMENDED IN SENATE  JUNE 15, 2012

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 23, 2012

   An act to amend Section 848 of the Civil Code, relating to natural
resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1966, as amended, Ma. Natural resources: oil and gas: drilling.

   Existing law requires the owner of mineral rights in real property
to give written notice to the owner or representative of the real
property who is listed as the assessee on the current local
assessment roll or as a lessee, and to any public utility that has a
recorded interest in the real property if there is to be excavation
of the utility interest, prior to the first entry upon the real
property to prospect for, mine, or extract any mineral.
   This bill would require the owner of mineral rights or its agent
to provide a minimum of 5 days' notice specifying, among other
information, the date of entry, the estimated length of time, and the
general nature of the work when that owner or agent intends to enter
the real property to undertake non-surface-disrupting activities,
including surveying, water and mineral testing, and removal of debris
and equipment.
   The bill would also require the owner of mineral rights, or its
agent, to provide a minimum of  60   30 
days' notice in writing, specifying the extent and location of the
prospecting, mining, or extracting operation, and the approximate
time or times of entry and exit upon the real property, when that
owner or agent intends to enter real property to undertake,
surface-disrupting activities, including excavation, drilling new
wells, constructing structures, bringing excavation vehicles or
equipment on the real property, or reclamation of the real property
after it has been disturbed.  The bill would also require written
notice for any further entry by the mineral rights owner, for the
  purpose of surface-disturbing activities pursuant to those
provisions, if the mineral rights owner's entry to the real property
ceases for a period   of one year or more. 
   The bill would waive the  60-day   30-day
 notice requirement described above under an emergency situation
 if  authorized by the Division of Oil, Gas, and Geothermal
Resources.  The bill would exclude from the requirement to
provide notice an owner of the real property or an assessee that has
a current, already negotiated agreement with the mineral rights
owner, lessee, agent, or operator.   
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 848 of the Civil Code is amended to read:
   848.  (a)  The   Except as provided in
subdivision (c), the  owner of mineral rights, as defined by
Section 883.110, in real property shall give a written notice 
prior to the first entry  to the owner of the real property who
is listed as the assessee on the current local assessment roll or to
the owner's representative, or to the lessee of the real property if
different from the mineral rights owner, and to any public utility
that has a recorded interest in the real property if there is to be
excavation of the utility interest, under the following
circumstances:
   (1) If the mineral rights owner or its agent intends to enter real
property for the purpose of undertaking non-surface-disrupting
activities such as surveying, water and mineral testing, and removal
of debris and equipment not involving use of an articulated vehicle
on the real property, the owner or agent shall provide a minimum of
five days' notice. Reasonable attempts shall be made to deliver the
notice by acknowledged personal delivery, but if that cannot occur,
the notice shall be delivered by registered letter and be received a
minimum of five days prior to the entrance on the property. The
notice shall specify all of the following:
   (A) Date of entry.
   (B) Estimated length of time the property will be occupied.
   (C) General nature of the work.
   (2) If the mineral rights owner or its agent intends to enter real
property for the purpose of excavation or other surface-disrupting
activities such as drilling new wells, constructing structures,
bringing articulated vehicles or excavation equipment on the real
property, or reclamation of the real property after the surface has
been disturbed, the owner or agent shall provide a minimum of
 60   30  days' notice. The notice shall
specify both of the following:
   (A) The extent and location of the prospecting, mining, or
extraction operation.
   (B) The approximate time or times of entry and exit upon the real
property. 
   (3) If a mineral rights owner's entry to the real property ceases
for a period of one year or more, any further entry by the mineral
rights owner for the purpose of surface-disturbing activities
pursuant to paragraph (2) shall require written notice pursuant to
this subdivision. 
   (b) (1) If a mineral  rights  owner has been authorized
by the Division of Oil, Gas, and Geothermal Resources to drill a
relief well or to take other immediate actions in response to an
emergency  incident   situation  ,  or
if the division or its agent is drilling a relief well or taking
other immediate actions in response to an emergency situation, 
the notice provisions under paragraph (2) of subdivision (a) shall be
waived.
   (2) For purposes of this  section  
subdivision  , an "emergency" means  a sudden,
unexpected occurrence, involving a clear and imminent danger,
demanding immediate action to prevent or mitigate loss of, or damage
to, life, health, property, or essential public services. "Emergency"
includes occurrences such as fire, flood, earthquake, or other soil
or geologic movements, as well as occurrences such as riot, accident,
or sabotage   immediate action is necessary to protect
life, health, property, or natural resources  . 
   (c) The notice specified in subdivision (a) shall not be required
if the owner of the real property or assessee has a current, already
negotiated surface use, access use, or similar agreement with the
mineral rights owner, lessee, agent, or operator.  
   (c) 
    (d)  If the mineral rights owner has not complied with
 this   the  notice requirement 
specified   in subdivision (a)  , the owner of the real
property listed on the current assessment roll or any public utility
which has a recorded interest in the real property may request a
court to enjoin the prospecting, mining, or extracting operation
until the mineral rights owner has complied. The absence of a known
owner on the assessment roll or any public utility which has a
recorded interest in the real property relieves the mineral rights
owner of the obligation to give the written notice to the owner or
public utility. 
   (d) 
    (e)  For purposes of this section, an "acknowledged
personal delivery" means that the written notice is personally
delivered to the owner, the owner's representative, or lessee, and
the owner, the owner's representative, or lessee acknowledges, in
writing, receipt of the notice.