Bill Text: CA AB1347 | 2011-2012 | Regular Session | Introduced

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Bill Title: Oil and gas: geothermal: operations: enforcement actions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1347 Detail]

Download: California-2011-AB1347-Introduced.html

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BILL NUMBER: AB 1347	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 18, 2011

   An act to amend Sections 3355 and 3767 of the Public Resources
Code, relating to oil and gas.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1347, as introduced, Grove. Oil and gas: geothermal:
operations: enforcement actions.
   Under existing law, the Division of Oil, Gas, and Geothermal
Resources in the Department of Conservation regulates the operation
of oil, gas, and geothermal wells in specified districts of the
state. Existing law establishes procedures for an operator of a well
or owner of a rig, derrick, or other operating structure to appeal
from an order of the State Oil and Gas Supervisor or a district
deputy regarding the operation of a well, or drilling or testing
operations, including appeal of these orders to the Director of
Conservation and judicial review of the director's decision. Existing
law specifies the scope of judicial review of a decision of the
director. .
   This bill would require the court's inquiry to extend to whether
the decision of the director was unreasonable.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 3355 of the Public Resources Code is amended to
read:
   3355.  When an operator seeks judicial review of a decision of the
director, including a decision following a hearing conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, the court shall hear
the cause on the record before the director or an administrative law
judge. New or additional evidence shall not be introduced in court.
The court's inquiry shall extend to whether the director acted
without or in excess of jurisdiction, whether there was a fair
hearing,  whether the decision of the director was unreasonable,
 and whether there is any prejudicial abuse of discretion. Abuse
of discretion is established if the administrative proceeding has
not been conducted in the manner required by law, the decision is not
supported by the findings, or the findings are not supported by
substantial evidence in light of the whole record.
  SEC. 2.  Section 3767 of the Public Resources Code is amended to
read:
   3767.  When an operator seeks judicial review of a decision of the
director, including a decision following a hearing conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, the court shall hear
the cause on the record before the director or an administrative law
judge. New or additional evidence shall not be introduced in court.
The court's inquiry shall extend to whether the director acted
without or in excess of jurisdiction, whether there was a fair
hearing,  whether the decision of the director was unreasonable,
 and whether there is any prejudicial abuse of discretion. Abuse
of discretion is established if the administrative proceeding has
not been conducted in the manner required by law, the decision is not
supported by the findings, or the findings are not supported by
substantial evidence in light of the whole record.