BILL NUMBER: AB 1966	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2012

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 23, 2012

   An act to  amend Section 848 of the Civil Code, and to 
add Section 3205.7 to the Public Resources Code, relating to natural
resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1966, as amended, Ma. Natural resources: oil and gas: drilling.

   Existing  
   (1) Existing law requires the owner of mineral rights in real
property to give written notice to the owner or representative of the
real property who is listed as the assessee on the current local
assessment roll or as a lessee, and to any public utility that has a
recorded interest in the real property if there is to be excavation
of the utility interest, prior to the first entry upon the real
property to prospect for, mine, or extract any mineral.  
   This bill would require the owner of mineral rights or its agent
to provide a minimum of 5 days' notice specifying, among other
information, the date of entry, the estimated length of time, and the
general nature of the work when that owner or agent intends to enter
the real property to undertake non-surface-disrupting activities,
including surveying, water and mineral testing, and removal of debris
and equipment.  
   The bill would also require the owner of mineral rights, or its
agent, to provide a minimum of 60 days' notice in writing, specifying
the extent and location of the prospecting, mining, or extracting
operation, and the approximate time or times of entry and exit upon
the real property, when that owner or agent intends to enter real
property to undertake, surface-disrupting activities, including
excavation, drilling new wells, constructing structures, bringing
excavation vehicles or equipment on the real property, or reclamation
of the real property after it has been disturbed.  
   The bill would waive the 60-day notice requirement described above
under an emergency situation authorized by the Division of Oil, Gas,
and Geothermal Resources. 
    (2)    Existing  law regulates oil and
gas activities.
   This bill would, commencing January 1, 2014, require the operator
of an oil and gas well to provide to the surface owner a 10-day
written notice of the intent to enter the surface owner's property
for the purpose of the extraction of underlying oil, gas, or mineral.
The bill would also require the operator to provide to the surface
owner a copy of the applicable recorded short form or memorandum of
oil, gas, or minerals lease within 10 days prior to entering the
property.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 848 of the   Civil
Code   is amended to read: 
   848.   (a)    The owner of mineral rights, as
defined by Section 883.110, in real property shall give a written
notice to the owner  or the owner's representative 
of the real property who is listed as the assessee on the current
local assessment roll  or to the owner's representative,  or
 to the lessee  ,   of the real
property  if different from the mineral rights owner, and to any
public utility  which   that  has a
recorded interest in the real property  ,  if there
is to be excavation of the utility interest,  prior to the
first entry upon the real property to prospect for, mine, or extract
any mineral. The written notice shall be given by certified mail or
acknowledged personal delivery to the owner, the owner's
representative, or lessee, and shall inform the owner, the owner's
representative, or lessee and the public utility of the extent and
location of the prospecting, mining, or extracting operation, and the
approximate time or times of entry and exit upon the real property.
  under the following circumstances:  
   (1) If the mineral rights owner or its agent intends to enter real
property for the purpose of undertaking non-surface-disrupting
activities such as surveying, water and mineral testing, and removal
of debris and equipment not involving use of an articulated vehicle
on the real property, the owner or agent shall provide a minimum of
five days' notice. Reasonable attempts shall be made to deliver the
notice by acknowledged personal delivery, but if that cannot occur,
the notice shall be delivered by registered letter and be received a
minimum of five days prior to the entrance on the property. The
notice shall specify all of the following:  
   (A) Date of entry.  
   (B) Estimated length of time the property will be occupied. 

   (C) General nature of the work.  
   (2) If the mineral rights owner or its agent intends to enter real
property for the purpose of excavation or other surface-disrupting
activities such as drilling new wells, constructing structures,
bringing articulated vehicles or excavation equipment on the real
property, or reclamation of the real property after the surface has
been disturbed, the owner or agent shall provide a minimum of 60 days'
notice. The notice shall specify both of the following:  
   (A) The extent and location of the prospecting, mining, or
extraction operation.  
   (B) The approximate time or times of entry and exit upon the real
property.  
   (b) (1) If a mineral owner has been authorized by the Division of
Oil, Gas, and Geothermal Resources to drill a relief well or to take
other immediate actions in response to an emergency incident, the
notice provisions under paragraph (2) of subdivision (a) shall be
waived.  
   (2) For purposes of this section, an "emergency" means a sudden,
unexpected occurrence, involving a clear and imminent danger,
demanding immediate action to prevent or mitigate loss of, or damage
to, life, health, property, or essential public services. "Emergency"
includes occurrences such as fire, flood, earthquake, or other soil
or geologic movements, as well as occurrences such as riot, accident,
or sabotage.  
   If 
    (c)     If  the mineral rights owner
has not complied with this notice requirement, the owner of the real
property listed on the current assessment roll or any public utility
which has a recorded interest in the real property may request a
court to enjoin the prospecting, mining, or extracting operation
until the mineral rights owner has complied. The absence of a known
owner on the assessment roll or any public utility which has a
recorded interest in the real property relieves the mineral rights
owner of the obligation to give the written notice to the owner or
public utility. 
   For 
    (d)     For  purposes of this section,
an "acknowledged personal delivery" means that the written notice is
personally delivered to the owner, the owner's representative, or
lessee, and the owner, the owner's representative, or lessee
acknowledges, in writing, receipt of the notice.
   SECTION 1.   SEC. 2.   Section 3205.7 is
added to the Public Resources Code, to read:
   3205.7.  (a) An operator shall provide to the surface owner a
10-day written notice of the intent to enter the surface owner's
property for the purpose of the extraction of underlying oil, gas, or
minerals. If all surface owners cannot be located or determined, the
operator shall provide notice by publication. In addition, the
operator shall provide to the surface owner a copy of the applicable
recorded short form or memorandum of oil, gas, or mineral lease
within 10 days prior to entering the surface owner's property for the
purpose of the extraction of underlying oil, gas, or minerals.
   (b) This section shall become operative on January 1, 2014.