Amended in Senate July 14, 2015

Amended in Senate June 16, 2015

Amended in Assembly April 15, 2015

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 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:begin delete geological orend delete geophysical surveys.

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.

This bill would authorize the commission to issue permits for geophysical surveys on statebegin delete lands,end deletebegin insert lands under its jurisdiction,end insert including granted and ungranted tidelands and submergedbegin delete lands,end deletebegin insert lands and the beds of navigable waterways,end insert 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, as specified. The bill would authorize the commission to promote compliance with the permit through specified actions. The bill would prohibit the commission from requiring a permit for a geophysical survey performed in support of dredging to maintain or increase the depth of navigation channels, anchorages, or berthing areas.

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

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

P2    1

SECTION 1.  

The Legislature finds and declares both of the
2following:

3(a)  The state has a responsibility to establish conditions to
4ensure that geophysical surveys performed on state landsbegin insert under
5its jurisdiction, including granted and ungranted tidelands and
6submerged lands and the beds of navigable waterways,end insert
for
7scientific and research purposes do not cause harm or damage to
8aquatic life or to the marine and coastal environment.

9(b)  Improved and updated regulations governing permit
10conditions can protect marine life from impacts of geophysical
11surveys and improve public transparency, particularly as it relates
12to notifying the public in advance of surveys.

13

SEC. 2.  

Section 6212.3 is added to the Public Resources Code,
14to read:

15

6212.3.  

(a) The commission may authorize, by permit, the
16conduct of geophysical surveys on statebegin delete lands,end deletebegin insert lands under its
17jurisdiction,end insert
including granted and ungranted tidelands and
18submergedbegin delete lands,end deletebegin insert lands and the beds of navigable waterways,end insert
19 subject to terms and conditions as the commission shall specify to
20ensure public safety and protection of the environment.

21(b) No permit shall be required by the commission for any
22geophysical survey performed in support of dredging to maintain
23or increase the depth of navigation channels, anchorages, or
24berthing areas.

25(c) The commission shall adopt regulations to aid in the
26implementation of subdivision (a). The regulations shall include
27conditions that address and minimize the potential impacts to
28aquatic life or to the marine and coastal environment that might
29arise from geophysical surveys performed on statebegin delete lands.end deletebegin insert lands
30under its jurisdiction, including granted and ungranted tidelands
31and submerged lands and the beds of navigable waterways.end insert

P3    1(d) The commission may promote compliance with the permit
2requirements through appropriate actions, including any of the
3following:

4(1) Providing educational outreach to increase awareness of
5permitting regulations and enforcement actions.

6(2) Making a toll-free telephone number available to the public
7to report permit violators.

8(3) Issuing cease and desist orders to permit violators.



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