Amended in Senate May 31, 2016

Amended in Senate April 26, 2016

Amended in Senate March 28, 2016

Senate Bill No. 887

Introduced by Senator Pavley

(Coauthors: Senators Allen and De León)

(Coauthor: Assembly Member Wilk)

January 20, 2016

An act to add Chapter 6 (commencing with Section 42710) to Part 4 of Division 26 of the Health and Safety Code, and to amend Section 3236.5 of, and to add Sections 3133, 3134, 3135, 3136, 3137, 3138, 3139, 3140, 3141, 3142, 3143, begin delete and 3144 end delete begin insert 3144, 3145, and 3146 end insert to, the Public Resources Code, relating to natural gas.

LEGISLATIVE COUNSEL’S DIGEST

SB 887, as amended, Pavley. Natural gas storage wells.

Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law provides that a person who fails to comply with specific laws relating to the regulation of oil or gas operations is guilty of a misdemeanor.

This bill would begin delete require the division, end delete begin insert require a natural gas storage well, end insert before January 1, 2018, and annually thereafter, to begin delete inspect all natural gas storage wells serving or located in a natural gas storage facility end delete begin insert be tested across its entire length for a loss of integrity resulting in a leak and to have those results reported to the division, end insert and would prescribe standards for a natural gas storage begin delete well. This bill would require a natural gas storage well in existence on December 31, 2016, to be brought into compliance with the provisions of this bill by an unspecified date and the use of wells older than an unspecified age to be phased out by an unspecified date. This bill would prohibit the division from issuing a permit for a new natural gas storage well located within an unspecified distance of a sensitive receptor, as defined, and would require the division to order operators to cease the use of, and plug and abandon, an existing natural gas storage well that is within an unspecified distance of a sensitive receptor by an unspecified date. end delete begin insert well, including among other things, a requirement that the well be equipped with an automatic downhole shutoff system and required baseline and follow end insert begin insert -on proactive evaluations. end insert This bill would require, in the event of a loss of the integrity of a natural gas storage well, well casing, or cementing resulting in a begin delete significant, uncontrolled end delete begin insert large ongoing end insert leak of natural begin delete gas, end delete begin insert gas and associated gases and materials that pose a significant present or potential hazard to public health and safety, property, or to the environment, end insert that preparations for the drilling of a relief well begin within 24 hours of the discovery of the leak. This bill would require the operator, in the event of a leak of any size from a natural gas storage well, to notify the division immediately and would require the division to post information about the leak on its Internet Web site, as prescribed. begin insert This bill would require an operator of a natural gas storage well to develop and maintain a comprehensive gas storage well training and mentoring program for those employees whose job duties involve the safety of operations and maintenance of natural gas storage wells and associated equipment, as specified. end insert This bill would require the division to convene an independent panel of recognized experts to develop best practices for natural gas storage facilities and to review and incorporate the best practices developed by the panel into its regulations for natural gas storage wells, if appropriate, and to the extent those practices are applicable, for other wells under the division’s jurisdiction. The bill would require the division to periodically, and whenever necessary, review advances in relevant technologies and best practices for natural gas storage facilities and, if appropriate, to incorporate changes in best practices into its regulations for natural gas storage wells and, to the extent those practices are applicable, for other wells under the division’s jurisdiction. begin insert This bill would require the division to, as feasible, incorporate federal regulations applicable to natural gas storage facilities, including, into the division’s gas storage well regulations, and to perform unannounced random on-site inspections of some natural gas storage wells annually. end insert This bill would require begin delete the division, in consultation with end delete the Office of Environmental Health Hazard begin delete Assessment, end delete begin insert Assessment and end insert the State Department of Public Health, begin delete and the Department of Industrial Relations, end delete begin insert in consultation with the division, end insert to perform a risk assessment of natural gas storage wells begin insert to determine appropriate setback distances for natural gas storage wells end insert and to report the findings of the risk assessment to the Legislature. This bill would require the State Air Resources Board, in consultation with any local air district and the division, to develop guidelines for a monitoring program that includes continuous monitoring of the ambient concentration of natural gas at sufficient locations throughout a natural gas storage facility or planned natural gas storage facility to identify natural gas leaks and the presence of natural gas emissions in the atmosphere. The bill would require an operator of a natural gas storage facility to develop and submit to the board a facility monitoring plan that satisfies the program requirements, and would require the board to review the plan and to either approve or disapprove the plan. This bill would require monitoring data to be provided to the board. This bill would require the division to post and make available on its Internet Web site all materials that are provided to the board or division in order to comply with the provisions added by this act. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.

Existing law requires the operator of a well to file a written notice of intention to commence drilling with, and prohibits any drilling until approval is given by, the supervisor or district deputy. Under existing law, the notice is deemed approved if the supervisor or district deputy fails to respond to the notice in writing within 10 working days from receipt and is deemed canceled if operations have not commenced within one year of receipt. Existing law provides that these provisions also apply to the deepening or redrilling of the well, any operation involving the plugging of the well, or any operations permanently altering in any manner the casing of the well.

This bill would require certain materials, relating to wells serving or located in a natural gas storage facility, to be submitted by the operator and approved at the supervisor’s discretion before approval of the notice. This bill would provide that the public has a right to review the locations of all new natural gas storage wells or existing wells converting to natural gas storage wells before the approval of the notice.

Existing law requires the owner or operator of any well to keep, or cause to be kept, a careful and accurate log, core record, and history of the drilling of the well.

This bill would require the well history to include all operations, injection, production, and emplacement of any materials into a natural gas storage well, and to be disclosed to the division by the operator, as specified.

Under existing law, a person who violates certain statutes or regulations relating to oil and gas well operations is subject to a civil penalty not to exceed $25,000 for each violation. Existing law provides that the unreasonable waste of natural gas by act, omission, sufferance, or insistence is opposed to the public interest and is unlawful.

This bill would provide that a violation of the prohibition against the unreasonable waste of natural gas is subject to the civil penalty not to exceed $25,000 for each violation.

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:

SECTION 1.  

The Legislature finds and declares as follows:

(a) Public transparency regarding begin insert risks, the end insert regulations begin insert designed
to mitigate those risks, end insert and regulatory activity begin insert are essential end insert to
protect public health and welfare and natural begin delete resources is essential. end delete

begin insert resources. end insert

(b)  begin delete Safe end delete begin insert Public disclosure and safe end insert operation of gas storage
wells and associated piping and equipment begin delete is end delete begin insert are end insert essential in order
to provide for public, environmental, and occupational health and
welfare, begin delete and includes end delete begin insert including end insert a proactive approach to potential
problems.

(c) On October 23, 2015, a significant, uncontrolled leak from
a natural gas storage well that was originally drilled over 60 years
ago was discovered in the Aliso Canyon natural gas storage facility
located in the County of Los Angeles. Initial efforts to stop the
leak failed.

(d) The Division of Oil, Gas, and Geothermal Resources in the
Department of Conservation responded swiftly to the leak,
including by issuing two orders that, among other things, require
the use of relief wells. The division worked around the clock
overseeing efforts to stop the leak.

(e) It was several days before the community was notified of
the leak, although numerous residents started reporting odor
concerns almost immediately. The leaking well is up the hill and
approximately one and one-quarter miles away from the nearest
home. Other natural gas storage wells serving this facility are
located closer to begin delete homes. end delete begin insert homes and businesses. end insert

begin insert

(f) The operator of the leaking well had removed a subsurface
safety valve decades earlier and had not replaced it. Regulations
in effect at that time did not require approval or replacement of
the valve. There was no automatic downhole shutoff system
installed in the event of a leak. In 2014, the operator acknowledged
publicly in a filing to the Public Utilities Commission that many
of its wells needed additional assessment and repair. There was
no requirement to disclose to potential homebuyers and business
owners the existence of the Aliso Canyon natural gas storage
facility and its attendant risks.

end insert begin delete

(f)

end delete

begin insert (g) end insert  The Governor declared a state of emergency on January 6,
2016, in order to facilitate the ongoing state response and efforts
to stop the leak.

begin delete

(g)

end delete

begin insert (h) end insert  On February 18, 2016, the Division of Oil, Gas, and
Geothermal Resources in the Department of Conservation certified
that the Aliso Canyon leak had been stopped. Reports estimate
almost 100,000 metric tons of the potent greenhouse gas methane
begin delete was end delete begin insert were end insert emitted to the atmosphere. Community health concerns
continue postleak with begin delete over 150 end delete begin insert hundreds of end insert complaints reported
to the County of Los begin delete Angeles. end delete begin insert Angeles along with widespread
concern about the short- and long-term impacts of the leak on
public health and economic welfare in the area. end insert

begin delete

(h)

end delete

begin insert (i) end insert  The standards for natural gas storage wells need to be
improved in order to reflect 21st century technology, begin insert disclose and
mitigate any risks associated with those wells, end insert recognize that these
facilities may be in locations near population centers, and ensure
a disaster like the Aliso Canyon leak does not happen again.

SEC. 2.  

Chapter 6 (commencing with Section 42710) is added
to Part 4 of Division 26 of the Health and Safety Code, to read:

 

Chapter  6. Natural Gas Storage Facility Monitoring

 

42710.  

(a) The state board, in consultation with any local air
district and the Division of Oil, Gas, and Geothermal Resources
in the Department of Conservation, shall develop a natural gas
storage facility monitoring program that includes continuous
monitoring of the ambient concentration of natural gas at sufficient
locations throughout a natural gas storage facility or planned
natural gas storage facility to identify natural gas leaks and the
presence of natural gas emissions in the atmosphere. The
continuous monitoring program may be supplemented by daily
leak detection measurements.

(b) The program shall include guidelines for the continuous
monitoring which shall include, at minimum, optical gas imaging
and accurate quantitative monitoring of natural gas concentrations.
The program shall include protocols for both stationary and mobile
monitoring, as well as fixed and temporary monitoring locations.

(c) An operator of a natural gas storage facility shall develop
and submit to the state board a facility monitoring plan that satisfies
program requirements pursuant to subdivision (a). The state board
shall review the plan and may approve or disapprove the plan.

(d) Monitoring data shall be provided to the state board. All
materials provided to comply with this section shall be posted and
available to the public on the Internet Web site of the Division of
Oil, Gas, and Geothermal Resources.

SEC. 3.  

Section 3133 is added to the Public Resources Code,
to read:

3133.  

(a) As used in this article, “natural gas storage well”
means an active or idle natural gas storage well serving or located
in a natural gas storage facility.

(b) Before January 1, 2018, and annually thereafter, begin delete the division
shall inspect end delete all natural gas storage begin delete wells. end delete begin insert wells shall be tested
across their entire length for a loss of integrity resulting in a leak
and the results of the testing shall be reported to the division. end insert

begin delete

(c) A natural gas storage well in existence on December 31,
2016, shall be brought into compliance with this article by ____.
The use of a natural gas storage well older than ____ shall be
phased out by ____.

end delete begin insert

(c) A natural gas storage well shall have an automatic downhole
shutoff system, including, but not limited to, surface-controlled
subsurface safety valves, deployed in order to limit leaks associated
with a loss of the integrity of a well, well casing, or cementing.
The shutoff system shall be tested and the results of the test shall
be reported to the division no less than semiannually.

end insert begin insert

(d) The division shall review and update practices for the use
of subsurface safety valves in natural gas storage wells to reflect
the best practices established by independent experts pursuant to
Section 3140.

end insert

SEC. 4.  

Section 3134 is added to the Public Resources Code,
to read:

3134.  

A natural gas storage well shall meet all of the following

begin delete standards: end delete begin insert requirements: end insert

begin delete

(a) The well shall have an automatic downhole shutoff system,
including, but not limited to, surface-controlled subsurface safety
valves, deployed in order to limit leaks associated with a loss of
the integrity of a well, well casing, or cementing. The shutoff
system shall be tested and the results of the test shall be reported
to the division no less than annually.

end delete begin delete

(b) Proactive evaluation

end delete

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Baseline and follow-on proactive evaluations end insert of the
integrity of the well, well casing, and cementing across the entire
length of the well shall be conducted to thoroughly, quantitatively,
and accurately assess their condition. These assessments shall be
performed using the best available technology. Based upon these
assessments, the risks posed by erosion, corrosion, begin delete aging, end delete begin insert material
deterioration, end insert scaling, cracking, and any other process that may
produce natural gas leaks shall be determined. begin delete A end delete

begin insert

(2) By January 1, 2018, the division shall develop a schedule
for the completion of baseline-proactive evaluations for all natural
gas storage wells.

end insert begin insert

(3) The division shall also develop a schedule for performing
follow-on proactive evaluations for all natural gas storage wells
in order to measure any changes in well condition after the
baseline-proactive evaluations are completed. The schedule shall
be determined based upon an assessment of risk. The natural gas
storage wells at lowest risk of a loss of integrity shall be
reevaluated pursuant to this paragraph at least once every four
years and natural gas storage wells at high risk of a loss of
integrity shall be reevaluated pursuant to this paragraph at least
annually.

end insert

begin insert end insert
begin insert (4) end insert begin insert   end insert begin insert A end insert natural gas storage well that has lost integrity or that is
at risk of an imminent loss of integrity shall be immediately
repaired before returning to service. begin delete A natural gas storage well at
high risk of a loss of integrity shall be evaluated pursuant to the
measures in this subdivision at least annually. end delete

begin delete

(c)

end delete

begin insert (b) end insert  Natural gas injection and production shall be through tubing
only and isolated from contact with the well casing.

begin delete

(d)

end delete

begin insert (c) end insert  Annular pressure and production or injection flow rate shall
be continuously monitored.

SEC. 5.  

Section 3135 is added to the Public Resources Code,
to read:

3135.  

(a) For the purposes of this section, “sensitive receptor”
includes, but is not limited to, a school, hospital, and residential
housing.

begin delete

(b) In addition to the requirements of Section 3134, a natural
gas storage well that is within 10,000 feet of a sensitive receptor
shall meet both of the following requirements:

end delete begin delete

(1) Have continuous monitoring of natural gas concentrations
to identify natural gas leaks at the wellhead.

end delete begin delete

(2) Be evaluated pursuant to the measures in subdivision (b) of
Section 3134 at least annually.

end delete begin delete

(c) The division shall not issue a permit for a new natural gas
storage well located within ____ feet of a sensitive receptor, and
the division shall order operators to cease the use of, and plug and
abandon, an existing natural gas storage well within _____ feet of
a sensitive receptor by ____.

end delete begin insert

(b) The Office of Environmental Health Hazard Assessment and
the State Department of Public Health, in consultation with the
division, shall perform a science-based risk assessment of natural
gas storage wells. The goal of the risk assessment shall be to
determine appropriate setback distances for natural gas storage
wells from different locations, activities, and receptors. The risk
assessment shall include, but is not limited to, all of the following
information:

end insert begin insert

(1) The construction, service history, and operating conditions
of a well.

end insert begin insert

(2) The potential impact of a leak on public and environmental
health, safety, and welfare. Both acute and chronic exposures for
a range of expected emissions and emissions rates shall be
considered.

end insert begin insert

(3) The factors relevant to determining setback distances
including, but not limited to, population density, sensitive receptors,
environmentally sensitive areas, emergency response times,
evacuation times, leak duration, chemical species emitted, and
local meteorology.

end insert begin insert

(4) The data necessary to determine appropriate setback
distances.

end insert begin insert

(c) The risk assessment conducted pursuant to subdivision (b)
shall be subjected to peer review by independent experts.

end insert begin insert

(d) The findings of the risk assessment required by subdivision
(b) shall be reported to the Legislature in accordance with Section
9795 of the Government Code.

end insert begin insert

(e) Upon completion of the risk assessment required by
subdivision (b), the division shall review and, as appropriate,
revise its regulations.

end insert

SEC. 6.  

Section 3136 is added to the Public Resources Code,
to read:

3136.  

(a) The operator of a natural gas storage well shall
submit for the supervisor’s approval the following materials:

(1) A regular maintenance program for the well and the portion
of the facility within the division’s jurisdiction. The maintenance
program shall include training for site personnel and proactive
replacement of equipment at risk of failure to ensure safe operation.

(2) Design and operating conditions and parameters for the well
and the portion of the facility within the division’s jurisdiction.

(3) An inspection, leak detection, and monitoring program for
the well and the portion of the facility within the division’s
jurisdiction that includes monitoring of natural gas concentrations
pursuant to Chapter 6 (commencing with Section 42710) of Part
4 of Division 26 of the Health and Safety Code. Ambient natural
gas monitoring sufficient to include monitoring of a new or
reworked well shall be in operation before a new well is drilled or
a well is reworked.

(4) A site-specific risk management plan to identify and plan
for mitigation of all begin insert threats and end insert hazards and potential begin insert threats and end insert
hazards associated with natural gas storage well begin delete operation. end delete
begin insert operation in order to ensure internal and external mechanical
integrity of a well. end insert The risk management plan shall provide for
regular review and revision, as needed, to ensure the plan
appropriately reflects current conditions. The risk management
plan shall include, but is not limited to, all of the following:

(A) A natural gas leak prevention and response program that
addresses the full range of natural gas leaks possible at the facility
with specific response plans that provide for immediate control of
the leak. The prevention and response program shall include, but
is not limited to, all of the following:

(i) A protocol for public notice of the leak to the community by
the operator.

(ii)  begin delete Prepositioning end delete begin insert Prepositioning, as feasible, end insert and identification
of materials and personnel necessary to respond to leaks. This shall
include begin delete materials, including equipment to capture leaked gas, end delete
begin insert materials and equipment end insert to respond to begin insert and stop end insert the leak itself as
well as to protect public health.

(iii) A training program to ensure site personnel are prepared
to respond to a begin delete leak. end delete begin insert leak, consistent with the requirements of
Section 3144. end insert

(B) A plan for corrosion monitoring and evaluation.

(C) A schedule for regular well and reservoir integrity
assessments.

(D) An assessment of the risks associated with the natural gas
storage well and its operation.

(E) Planned risk mitigation efforts.

(b) All of the materials described in subdivision (a) shall be
approved by the supervisor, at his or her discretion, and in the
possession of the division before the supervisor or district deputy
approves a notice required pursuant to Section 3203.

(c) All of the materials described in subdivision (a) shall be
reported to the division annually. The operator shall not deviate
from the programs, plans, and other conditions and protocols
contained in the materials without prior written approval by the
supervisor.

SEC. 7.  

Section 3137 is added to the Public Resources Code,
to read:

3137.  

The public has a right to review the location of a natural
gas storage well or conversion of an existing well to a natural gas
storage well before the approval of any notice required pursuant
to Section 3203.

SEC. 8.  

Section 3138 is added to the Public Resources Code,
to read:

3138.  

In the event of a loss of the integrity of a natural gas
storage well, well casing, or cementing resulting in a begin delete significant,
uncontrolled end delete begin insert large ongoing end insert leak of natural begin delete gas, end delete begin insert gas and associated
gases and materials that pose a significant present or potential
hazard to public health and safety, property, or to the environment, end insert
preparations for the drilling of a relief well shall begin within 24
hours of the discovery of the leak regardless of any other activities
undertaken to stop the leak.

SEC. 9.  

Section 3139 is added to the Public Resources Code,
to read:

3139.  

In the event of a leak of any size from a natural gas
storage well, the operator shall notify the division immediately.
Within 24 hours of notification, the division shall post information
about the leak on its Internet Web site and provide regular updates
to the public until the leak is stopped.

SEC. 10.  

Section 3140 is added to the Public Resources Code,
to read:

3140.  

(a) The division shall convene an independent panel of
recognized experts to develop best practices for natural gas storage
facilities. The panel shall consider at least all of the following:

(1) The proximity of a natural gas storage facility and wells to
populations of people.

(2) The begin delete age or condition end delete begin insert conditions end insert at which a well should be
plugged and abandoned, and what standards the plugging and
abandonment should meet.

(3) The range of proactive methods to assess the integrity of a
well, well casing, and cementing, and identifying the best available
technology for these assessments.

(4) A thorough analysis of the risks associated with the
conversion of a well for use as a natural gas storage well.

(5) Natural gas storage well begin insert design, end insert operating, maintenance,
and monitoring begin delete standards. end delete begin insert standards, including, but not limited to,
placement of observation wells, soil monitoring, training, and well
monitoring after plugging and abandonment. end insert

begin insert

(6) Risk assessment and management tools for all threats and
hazards and potential threats and hazards associated with natural
gas storage wells, including identifying data requirements for
those tools, with the goal of providing for a standardized and
comparable approach to evaluate natural gas storage wells
statewide.

end insert begin insert

(7) Automatic shutoff systems including the location and
placement of subsurface and surface safety valves, shutoff control
systems, reliability, and appropriate use.

end insert

(b) Upon completion of the panel’s work pursuant to subdivision
(a), the division shall review and incorporate best practices
developed by the panel into its regulations for natural gas storage
wells, if appropriate, and, to the extent those practices are
applicable, for other wells under the division’s jurisdiction.

(c) The division shall periodically, and whenever necessary,
review advances in relevant technologies and best practices for
natural gas storage facilities and, if appropriate, shall incorporate
changes in best practices into its regulations for natural gas storage
wells and, to the extent those practices are applicable, for other
wells under the division’s jurisdiction.

SEC. 11.  

Section 3141 is added to the Public Resources Code,
to read:

begin delete

3141.  

(a) The division, in consultation with the Office of
Environmental Health Hazard Assessment, the State Department
of Public Health, and the Department of Industrial Relations, shall
perform a risk assessment of natural gas storage wells. The risk
assessment shall include, but is not limited to, all of the following
information:

(1) The age and construction of a well.

(2) The service history and operating conditions of the well.

(3) The potential impact of a leak on public, occupational, and
environmental health, safety, and welfare.

(b) The risk assessment shall be subjected to peer review by
independent experts.

(c) The findings of the risk assessment shall be reported to the
Legislature in accordance with Section 9795 of the Government
Code.

end delete

begin insert

begin insert 3141. end insert   

end insert begin insert

In order to facilitate consistency, standardization, and
training, the division shall, as feasible, incorporate federal
regulations applicable to natural gas storage facilities, including,
but not limited to, Parts 190 to 199, inclusive, of Title 49 of the
Code of Federal Regulations into the division’s natural gas storage
well regulations.

end insert

SEC. 12.  

Section 3142 is added to the Public Resources Code,
to read:

3142.  

To ensure that the division has all the records it needs
to evaluate natural gas storage wells, the well history maintained
pursuant to Section 3213 shall include all operations, injection,
production, and emplacement of any materials into the well. The
operator shall disclose the well history to the division for each
operation, injection, production, and emplacement of any material
into the well.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 3143 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 3143. end insert   

The division shall perform unannounced random on-site
inspections of some natural gas storage wells annually. The results
shall be posted and available to the public on the division’s Internet
Web site.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 3144 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 3144. end insert   

An operator of a natural gas storage well shall develop
and maintain a comprehensive gas storage well training and
mentoring program for those employees whose job duties involve
the safety of operations and maintenance of natural gas storage
wells and associated equipment. The training program shall
include, but is not limited to, gas storage well operations, including
best practices to prevent leaks, maintenance and testing, gas
storage well safety regulations, emergency response, and incident
reporting. If employees are represented by a labor union, the
operator shall consult with the union on safety issues and, when
requested, establish a framework to provide training through a
joint labor-management training program.

end insert

begin delete SEC. 13. end delete

begin insert SEC. 15. end insert   

Section begin delete 3143 end delete begin insert 3145 end insert is added to the Public Resources
Code, to read:

begin delete 3143. end delete

begin insert 3145. end insert   

All materials provided to the division to comply with
Section 3133 to begin delete 3142, end delete begin insert 3143, end insert inclusive, shall be posted and available
to the public on the Internet Web site of the division.

begin delete SEC. 14. end delete

begin insert SEC. 16. end insert   

Section begin delete 3144 end delete begin insert 3146 end insert is added to the Public Resources
Code, to read:

begin delete 3144. end delete

begin insert 3146. end insert   

A member of the public may bring suit for writ of
mandate against the division for failure to enforce Sections 3133
to begin delete 3143, end delete begin insert 3145, end insert inclusive.

begin delete SEC. 15. end delete

begin insert SEC. 17. end insert   

Section 3236.5 of the Public Resources Code is
amended to read:

3236.5.  

(a) A person who violates this chapter or a regulation
implementing this chapter is subject to a civil penalty not to exceed
twenty-five thousand dollars ($25,000) for each violation. A person
who commits a violation of Article 3 (commencing with Section
3150) or Section 3300 is subject to a civil penalty of not less than
ten thousand dollars ($10,000) and not to exceed twenty-five
thousand dollars ($25,000) per day per violation. An act of God
and an act of vandalism beyond the reasonable control of the
operator shall not be considered a violation. The civil penalty shall
be imposed by an order of the supervisor pursuant to Section 3225
upon a determination that a violation has been committed by the
person charged. The imposition of a civil penalty under this section
shall be in addition to any other penalty provided by law for the
violation. When establishing the amount of the civil penalty
pursuant to this section, the supervisor shall consider, in addition
to other relevant circumstances, all of the following:

(1) The extent of harm caused by the violation.

(2) The persistence of the violation.

(3) The pervasiveness of the violation.

(4) The number of prior violations by the same violator.

(b) An order of the supervisor imposing a civil penalty shall be
reviewable pursuant to Article 6 (commencing with Section 3350).
When the order of the supervisor has become final and the penalty
has not been paid, the supervisor may apply to the appropriate
superior court for an order directing payment of the civil penalty.
The supervisor may also seek from the court an order directing
that production from the well or use of the production facility that
is the subject of the civil penalty order be discontinued until the
violation has been remedied to the satisfaction of the supervisor
and the civil penalty has been paid.

(c) Any amount collected under this section shall be deposited
in the Oil, Gas, and Geothermal Administrative Fund.

begin delete SEC. 16. end delete

begin insert SEC. 18. end insert   

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