California Legislature—2015–16 Regular Session

Assembly BillNo. 1274


Introduced by Assembly Member Mark Stone

February 27, 2015


An act to amend and renumber Section 6826 of, and to add Section 6212.3 to, the Public Resources Code, relating to public lands.

LEGISLATIVE COUNSEL’S DIGEST

AB 1274, as introduced, Mark Stone. Public lands: geological or geophysical surveys.

(1) Existing law authorizes the State Lands Commission to lease state lands for the production of oil and gas. Existing law also authorizes the commission to issue permits for geological or geophysical surveys on those state lands, but specifies that the permit does not give the permittee any preferential right to an oil or gas lease. Existing law requires, as a condition to the issuance of a permit for the conduct of geological or geophysical surveys on tidelands and submerged lands, that the permittee make available to the commission, upon request, all factual and physical exploration results, logs, and records resulting from the operations under the permit. Existing law makes the unauthorized disclosure or use of that information a misdemeanor.

This bill would expand those provisions to authorize the commission to issue permits for geological or geophysical surveys on state lands, including granted and ungranted tidelands and submerged lands, subject to terms and conditions as the commission shall specify to ensure public safety and protection of the environment, and would require the commission to adopt regulations to aid in the implementation of those provisions.

The bill would also specify that geological or geophysical surveys conducted on state land for purposes of exploring or prospecting for oil, gas, or other minerals shall not give the permittee any right to an oil and gas, or mineral lease. The bill would require, as a condition to the issuance of any permit to conduct geological or geophysical surveys on tidelands and submerged lands for purposes of exploring or prospecting for oil, gas, or other minerals, that the permittee make available those results, logs, and records resulting from the operations under the permit. Because the unauthorized disclosure or use of that information would be a misdemeanor, the bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6212.3 is added to the Public Resources
2Code
, to read:

3

6212.3.  

(a) The commission may authorize, by permit, the
4conduct of geological or geophysical surveys on state lands,
5including granted and ungranted tidelands and submerged lands,
6subject to terms and conditions as the commission shall specify to
7ensure public safety and protection of the environment.

8(b) The commission shall adopt regulations to aid in the
9implementation of subdivision (a), and any applicable requirements
10contained in Division 13 (commencing with Section 21000), with
11respect to authorization of survey activities.

12

SEC. 2.  

Section 6826 of the Public Resources Code is amended
13and renumbered to read:

begin delete
14

6826.  

(a) The commission may permit geological or
15geophysical surveys on state lands and may grant permits therefor,
16but the permit

end delete
17begin insert

begin insert6820.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertGeological or geophysical surveys conducted on
18state lands for purposes of exploring or prospecting for oil, gas,
19or other minerals end insert
shall not give the permittee any preferential right
P3    1to an oil and gasbegin insert, or mineralend insert lease. The taking of cores and other
2samples may be conducted on and under state lands; provided, that
3the commission shall require that a permit first be obtained
4coveringbegin delete suchend deletebegin insert thoseend insert types of drillingbegin insert or samplingend insert operations for
5the purpose of obtaining geological samples as the commission
6may determine by regulation, and uponbegin delete suchend deletebegin insert thoseend insert terms and
7conditions as the commission may specify by regulation, but the
8permit shall not give the permittee any preferential right to an oil
9and gasbegin insert, or mineralend insert lease.

10(b) The commission shall require, as a condition to the issuance
11ofbegin delete anyend deletebegin insert aend insert permitbegin delete for theend deletebegin insert toend insert conductbegin delete ofend delete geological or geophysical
12surveys onbegin delete tideend deletebegin insert tidelandsend insert and submerged landsbegin delete under this section,end delete
13begin insert for purposes of exploring or prospecting for oil, gas, or other
14minerals,end insert
that the permittee make available to the commission,
15upon request, all factual and physical exploration results, logs, and
16records resulting from the operations under the permit. Any factual
17or physical exploration results, logs, or recordsbegin delete whichend deletebegin insert thatend insert the
18permittee is required to make available to the commission shall
19be for the confidential use of the commission and shall not be open
20to inspection by any person or agency. The commission may,
21however, make the exploration results, logs, and records available
22to those governmental agenciesbegin delete whichend deletebegin insert thatend insert need the information
23in order to evaluate or regulate thosebegin delete tideend deletebegin insert tidelandsend insert and submerged
24lands and adjacentbegin delete lands; provided, however,thatend deletebegin insert lands, ifend insert the
25commissionbegin delete shall enterend deletebegin insert entersend insert into a contractual agreement with
26those governmental agencies specifying the purposes for which
27the exploration results, logs, and records may be used and requiring
28the exploration results, logs, and records to be maintained in
29confidence. The contractual agreements shall specify the person
30who will examine and be responsible for the confidentiality of the
31information. The information shall not be open to inspection by
32any other person or agency without the written consent of the
33permittee.

34(c) It is a misdemeanor for any member of the commission, any
35officer or employee of the commission, or any person performing
36any function or work assigned to him or her by the commission,
37or any governmental agency or employee utilizing data pursuant
38to an agreement of confidentiality provided for in subdivision (b),
39to disclose to any person who is not a member, officer, employee
40of the commission, or authorized person pursuant to subdivision
P4    1(b), or to any person who is not performing any function or work
2assigned to him or her by the commission, any information
3obtained from the inspection of factual or physical exploration
4results, logs, or records, or to use the information for purposes
5other than those authorized by the commission or for the
6administration of the functions, responsibilities, and duties vested
7in the commission by law, except upon the written consent of the
8permittee making the information available to the commission.

9

SEC. 3.  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



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