BILL NUMBER: AB 1966 CHAPTERED
BILL TEXT
CHAPTER 542
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2012
APPROVED BY GOVERNOR SEPTEMBER 25, 2012
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE JUNE 21, 2012
AMENDED IN SENATE JUNE 15, 2012
INTRODUCED BY Assembly Member Ma
FEBRUARY 23, 2012
An act to amend Section 848 of the Civil Code, relating to natural
resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1966, Ma. Natural resources: oil and gas: drilling.
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 30 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
also require written notice for any further entry by the mineral
rights owner, for the purpose of surface-disturbing activities
pursuant to those provisions, if the mineral rights owner's entry to
the real property ceases for a period of one year or more.
The bill would waive the 30-day notice requirement described above
under an emergency situation if authorized by the Division of Oil,
Gas, and Geothermal Resources. The bill would exclude from the
requirement to provide notice an owner of the real property or an
assessee that has a current, already negotiated agreement with the
mineral rights owner, lessee, agent, or operator.
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) Except as provided in subdivision (c), the owner of
mineral rights, as defined by Section 883.110, in real property shall
give a written notice prior to the first entry to the owner 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 that has a recorded interest in the real property
if there is to be excavation of the utility interest, 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 30 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.
(3) If a mineral rights owner's entry to the real property ceases
for a period of one year or more, any further entry by the mineral
rights owner for the purpose of surface-disturbing activities
pursuant to paragraph (2) shall require written notice pursuant to
this subdivision.
(b) (1) If a mineral rights 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
situation, or if the division or its agent is drilling a relief well
or taking other immediate actions in response to an emergency
situation, the notice provisions under paragraph (2) of subdivision
(a) shall be waived.
(2) For purposes of this subdivision, an "emergency" means
immediate action is necessary to protect life, health, property, or
natural resources.
(c) The notice specified in subdivision (a) shall not be required
if the owner of the real property or assessee has a current, already
negotiated surface use, access use, or similar agreement with the
mineral rights owner, lessee, agent, or operator.
(d) If the mineral rights owner has not complied with the notice
requirement specified in subdivision (a), 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.
(e) 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.