Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1274


Introduced by Assembly Member Mark Stone

February 27, 2015


An act tobegin delete amend and renumber Section 6826 of, and toend delete add Section 6212.3begin delete to,end deletebegin insert toend insert the Public Resources Code, relating to public lands.

LEGISLATIVE COUNSEL’S DIGEST

AB 1274, as amended, 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.begin delete 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.end delete

This bill would expand those provisions to authorize the commission to issue permits forbegin delete geological orend delete 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.begin insert The bill would prohibit the commission from requiring a permit for a geophysical survey performed on public trust lands granted by statute to a local trustee if the geophysical survery is performed in support of dredging occurring on the granted public trust lands.end insert

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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.

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(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.

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

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares both of the
2following:end insert

begin insert

3(a)  The state has a responsibility to establish conditions to
4ensure that geophysical surveys performed on state lands for
5scientific and research purposes do not cause harm or damage to
6aquatic life or to the marine and coastal environment.

end insert
begin insert

7(b)  Improved and updated regulations governing permit
8conditions can protect marine life from impacts of geophysical
9surveys and improve public transparency, particularly as it relates
10to notifying the public in advance of surveys.

end insert
11

begin deleteSECTION 1.end delete
12begin insertSEC. 2.end insert  

Section 6212.3 is added to the Public Resources Code,
13to read:

14

6212.3.  

(a) The commission may authorize, by permit, the
15conduct ofbegin delete geological orend delete geophysical surveys on state lands,
16including granted and ungranted tidelands and submerged lands,
P3    1subject to terms and conditions as the commission shall specify to
2ensure public safety and protection of the environment.

begin insert

3(b) No permit shall be required by the commission for any
4geophysical survey performed on public trust lands granted by
5statute to a local trustee if the geophysical survey is performed in
6support of dredging occurring on the granted public trust lands.

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7(b)

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8begin insert(c)end insert 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.

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12

SEC. 2.  

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

14

6820.  

(a) Geological or geophysical surveys conducted on
15state lands for purposes of exploring or prospecting for oil, gas,
16or other minerals shall not give the permittee any preferential right
17to an oil and gas, or mineral lease. The taking of cores and other
18samples may be conducted on and under state lands; provided, that
19the commission shall require that a permit first be obtained
20covering those types of drilling or sampling operations for the
21purpose of obtaining geological samples as the commission may
22determine by regulation, and upon those terms and conditions as
23the commission may specify by regulation, but the permit shall
24not give the permittee any preferential right to an oil and gas, or
25mineral lease.

26(b) The commission shall require, as a condition to the issuance
27of a permit to conduct geological or geophysical surveys on
28tidelands and submerged lands for purposes of exploring or
29prospecting for oil, gas, or other minerals, that the permittee make
30available to the commission, upon request, all factual and physical
31exploration results, logs, and records resulting from the operations
32under the permit. Any factual or physical exploration results, logs,
33or records that the permittee is required to make available to the
34commission shall be for the confidential use of the commission
35and shall not be open to inspection by any person or agency. The
36commission may, however, make the exploration results, logs, and
37records available to those governmental agencies that need the
38information in order to evaluate or regulate those tidelands and
39submerged lands and adjacent lands, if the commission enters into
40a contractual agreement with those governmental agencies
P4    1specifying the purposes for which the exploration results, logs,
2and records may be used and requiring the exploration results,
3logs, and records to be maintained in confidence. The contractual
4agreements shall specify the person who will examine and be
5responsible for the confidentiality of the information. The
6information shall not be open to inspection by any other person or
7agency without the written consent of the permittee.

8(c) It is a misdemeanor for any member of the commission, any
9officer or employee of the commission, or any person performing
10any function or work assigned to him or her by the commission,
11or any governmental agency or employee utilizing data pursuant
12to an agreement of confidentiality provided for in subdivision (b),
13to disclose to any person who is not a member, officer, employee
14of the commission, or authorized person pursuant to subdivision
15(b), or to any person who is not performing any function or work
16assigned to him or her by the commission, any information
17obtained from the inspection of factual or physical exploration
18results, logs, or records, or to use the information for purposes
19other than those authorized by the commission or for the
20administration of the functions, responsibilities, and duties vested
21in the commission by law, except upon the written consent of the
22permittee making the information available to the commission.

23

SEC. 3.  

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.

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