Amended in Assembly April 15, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1274

Introduced by Assembly Member Mark Stone

February 27, 2015

An act to add Section 6212.3 to the Public Resources Code, relating to public lands.

LEGISLATIVE COUNSEL’S DIGEST

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

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(1) Existing

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begin insert Existing end insert 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.

This bill would expand those provisions to authorize the commission to issue permits for 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 begin delete provisions. end delete begin insert provisions, as specified. The bill would authorize the commission to promote compliance with the permit through specified actions. end 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 begin delete survery end delete begin insert survey end insert is performed in support of dredging occurring on the granted public trust lands.

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

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

SECTION 1.  

The Legislature finds and declares both of the
following:

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

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

SEC. 2.  

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

6212.3.  

(a) The commission may authorize, by permit, the
conduct of 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.

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

(c) The commission shall adopt regulations to aid in the
implementation of subdivision begin delete (a), and any applicable requirements
contained in Division 13 (commencing with Section 21000), with
respect to authorization of survey activities. end delete begin insert (a). The regulations
shall include conditions that address and minimize the potential
impacts to aquatic life or to the marine and coastal environment
that might arise from geophysical surveys performed on state
lands. end insert

begin insert

(d) The commission may promote compliance with the permit
requirements through appropriate actions, including any of the
following:

end insert begin insert

(1) Providing educational outreach to increase awareness of
permitting regulations and enforcement actions.

end insert begin insert

(2) Making a toll-free telephone number available to the public
to report permit violators.

end insert begin insert

(3) Issuing cease and desist orders to permit violators.

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