Bill Text: CA AB1274 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public lands: geophysical surveys.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 600, Statutes of 2015. [AB1274 Detail]

Download: California-2015-AB1274-Introduced.html

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BILL NUMBER: AB 1274	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mark Stone

                        FEBRUARY 27, 2015

   An act to amend and renumber Section 6826 of, and to add Section
6212.3 to, the Public Resources Code, relating to public lands.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1274, as introduced, Mark Stone. Public lands: geological or
geophysical surveys.
   (1) 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. Existing law requires, as a condition to the issuance
of a permit for the conduct of geological or geophysical surveys on
tidelands and submerged lands, that the permittee make available to
the commission, upon request, all factual and physical exploration
results, logs, and records resulting from the operations under the
permit. Existing law makes the unauthorized disclosure or use of that
information a misdemeanor.
   This bill would expand those provisions to authorize the
commission to issue permits for geological or geophysical surveys on
state lands, including granted and ungranted tidelands and submerged
lands, 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.
   The bill would also specify that geological or geophysical surveys
conducted on state land for purposes of exploring or prospecting for
oil, gas, or other minerals shall not give the permittee any right
to an oil and gas, or mineral lease. The bill would require, as a
condition to the issuance of any permit to conduct geological or
geophysical surveys on tidelands and submerged lands for purposes of
exploring or prospecting for oil, gas, or other minerals, that the
permittee make available those results, logs, and records resulting
from the operations under the permit. Because the unauthorized
disclosure or use of that information would be a misdemeanor, the
bill would impose a state-mandated local program.
   (2) 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.  Section 6212.3 is added to the Public Resources Code,
to read:
   6212.3.  (a) The commission may authorize, by permit, the conduct
of geological or geophysical surveys on state lands, including
granted and ungranted tidelands and submerged lands, subject to terms
and conditions as the commission shall specify to ensure public
safety and protection of the environment.
   (b) The commission shall adopt regulations to aid in the
implementation of subdivision (a), and any applicable requirements
contained in Division 13 (commencing with Section 21000), with
respect to authorization of survey activities.
  SEC. 2.  Section 6826 of the Public Resources Code is amended and
renumbered to read: 
   6826.  (a) The commission may permit geological or geophysical
surveys on state lands and may grant permits therefor, but the permit

    6820.    (a)     Geological or
geophysical surveys conducted on state lands for purposes of
exploring or prospecting for oil, gas, or other minerals  shall
not give the permittee any preferential right to an oil and gas ,
or mineral  lease. The taking of cores and other samples may be
conducted on and under state lands; provided, that the commission
shall require that a permit first be obtained covering  such
  those  types of drilling  or sampling 
operations for the purpose of obtaining geological samples as the
commission may determine by regulation, and upon  such
  those  terms and conditions as the commission may
specify by regulation, but the permit shall not give the permittee
any preferential right to an oil and gas  , or mineral 
lease.
   (b) The commission shall require, as a condition to the issuance
of  any   a  permit  for the
  to  conduct  of  geological or
geophysical surveys on  tide   tidelands 
and submerged lands  under this section,   for
purposes of exploring or prospecting for oil, gas, or other minerals
  ,  that the permittee make available to the
commission, upon request, all factual and physical exploration
results, logs, and records resulting from the operations under the
permit. Any factual or physical exploration results, logs, or records
 which   that the permittee is required to
make available to the commission shall be for the confidential use
of the commission and shall not be open to inspection by any person
or agency. The commission may, however, make the exploration results,
logs, and records available to those governmental agencies 
which   that  need the information in order to
evaluate or regulate those  tide   tidelands
 and submerged lands and adjacent  lands; provided,
however,that   lands, if  the commission 
shall enter   enters  into a contractual agreement
with those governmental agencies specifying the purposes for which
the exploration results, logs, and records may be used and requiring
the exploration results, logs, and records to be maintained in
confidence. The contractual agreements shall specify the person who
will examine and be responsible for the confidentiality of the
information. The information shall not be open to inspection by any
other person or agency without the written consent of the permittee.
   (c) It is a misdemeanor for any member of the commission, any
officer or employee of the commission, or any person performing any
function or work assigned to him or her by the commission, or any
governmental agency or employee utilizing data pursuant to an
agreement of confidentiality provided for in subdivision (b), to
disclose to any person who is not a member, officer, employee of the
commission, or authorized person pursuant to subdivision (b), or to
any person who is not performing any function or work assigned to him
or her by the commission, any information obtained from the
inspection of factual or physical exploration results, logs, or
records, or to use the information for purposes other than those
authorized by the commission or for the administration of the
functions, responsibilities, and duties vested in the commission by
law, except upon the written consent of the permittee making the
information available to the commission.
  SEC. 3.  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.