BILL ANALYSIS Ó
AB 1274
Page 1
ASSEMBLY THIRD READING
AB
1274 (Mark Stone)
As Amended April 15, 2015
Majority vote
-------------------------------------------------------------------
|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+---------------------+---------------------|
|Natural |9-0 |Williams, Dahle, | |
|Resources | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Hadley, Harper, | |
| | |McCarty, Rendon, | |
| | |Mark Stone, Wood | |
| | | | |
|----------------+------+---------------------+---------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
AB 1274
Page 2
| | | | |
-------------------------------------------------------------------
SUMMARY: This bill allows the State Lands Commission (SLC) to
authorize geophysical surveys on state lands. Specifically, this
bill:
1)Allows SLC to issue permits to conduct geophysical surveys on
state lands, including granted and ungranted tidelands and
submerged lands subject to terms and conditions set by SLC to
ensure public safety and protect the environment.
2)Prohibits the SLC from requiring a permit for any geophysical
survey performed on public trust lands granted by statute to a
local trustee if the survey is performed to support dredging.
3)Requires SLC to adopt regulations to aid in the implementation
of this bill and address the potential environmental impacts of
geophysical surveys performed on state lands.
4)Authorizes SLC to promote compliance with permit requirements
by:
a) Providing educational outreach.
b) Establishing a toll-free number for the public to report
permit violators.
c) Issuing cease and desist orders to permit violators.
AB 1274
Page 3
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Potential cost pressures in the hundreds of thousands of dollars
for SLC to provide enforcement actions and public education,
outreach, and reporting opportunities.
2)Although this bill authorizes, rather than requires SLC to
promote compliance, enforcement actions will be necessary to
reduce unpermitted surveys on public lands.
3)Unknown, potentially absorbable costs for the SLC to adopt
regulations and issue permits.
COMMENTS:
1)Background. In 1941, SLC was given permitting authority for
geological or geophysical surveys on ungranted tide and
submerged lands. This authority was placed into an oil and gas
leasing statute because at the time most surveys were geological
and intended for oil and gas exploration only.
Geophysical surveys today use acoustic-generating or passive
equipment for numerous purposes besides oil and gas exploration,
which include scientific, engineering, safety, and research.
Potential impacts of low-energy geophysical surveys include
detrimental effects on wildlife and negative impacts on divers
or fishermen. Pursuant to the California Environmental Quality
Act, SLC has prepared a Mitigation Negative Declaration to
identify and address these concerns. SLC issued seven
non-exclusive permits for geophysical survey activities in 2013
and two non-exclusive permits in 2014.
AB 1274
Page 4
A 2014 assessment of the low energy geophysical permit program
found that numerous unpermitted surveys were being conducted.
This unauthorized activity can lead to unfair competitive
advantages and unmitigated damage to wildlife and the coastal
environment.
2)SLC Authority. SLC currently has authority to issue permits for
geological or geophysical surveys on ungranted state lands,
located within an oil and gas leasing statute. SLC also has
permitting authority for obtaining core samples to provide
geological information on lands within its jurisdiction. SLC is
authorized to adopt permitting rules and regulations for this
activity. This bill may create confusion through duplicative
permitting authority.
Analysis Prepared by:
Michael Jarred / NAT. RES. / (916) 319-2092 FN:
0000776