Bill Text: CA AB896 | 2021-2022 | Regular Session | Amended
Bill Title: Oil and gas wells and facilities: liens: collections unit.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 707, Statutes of 2021. [AB896 Detail]
Download: California-2021-AB896-Amended.html
Amended
IN
Senate
August 26, 2021 |
Amended
IN
Senate
July 13, 2021 |
Amended
IN
Assembly
May 27, 2021 |
Introduced by Assembly Member Bennett (Principal coauthor: Senator Limón) |
February 17, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that the State Oil and Gas Supervisor and applicable Geologic Energy Management Division personnel take consistent and proactive steps to minimize any future potential financial liability to the oil and gas industry and the state from an owner or operator deserting an oil or gas well or attendant facilities. This includes ensuring that applicable fees are paid in a timely manner, and seeking cost recovery, as feasible, for actions undertaken by the Geologic Energy Management Division to address orphan wells and deserted attendant facilities.SEC. 2.
Section 3206.3 of the Public Resources Code is amended to read:3206.3.
(a) (1) Notwithstanding Section 10231.5 of the Government Code, on or before July 1, 2019, and annually thereafter until July 1, 2026, the supervisor shall, in compliance with Section 9795 of the Government Code, prepare and transmit to the Legislature a comprehensive report on the status of idle and long-term idle wells for the preceding calendar year. The report shall include all of the following:(a)The supervisor may impose a claim and lien upon the real property in the state owned by the operator or responsible party of an oil or gas well and attendant facility if any of the following occurs:
(1)An order is issued by the supervisor, in accordance with this chapter, related to either of the following:
(A)An oil or gas well that the supervisor determines is a potential danger to life, health, or natural resources.
(B)A production
facility that the supervisor determines is a potential danger to life, health, or natural resources.
(2)Failure by the operator to pay, in a timely manner, the fees imposed pursuant to Section 3206.
(3)The department seeks recovery of costs incurred by the division for plugging and abandonment of a well from the operator or responsible party.
(b)Any lien established pursuant to subdivision (a) may be imposed in the following amounts:
(1)The estimated cost necessary to remediate an oil and gas well, or a production facility, identified pursuant to paragraph (1) of subdivision (a), including plugging and abandonment of an oil and gas well, the decommissioning of any attendant facility, and any required site restoration.
(2)The amount of unpaid fees owed by an operator pursuant to Section 3206.
(3)The actual amount of cost incurred by the
division.
(c)The lien provided by this section shall continue from the date of recording until any of the following occurs:
(1)The operator or responsible party, to the satisfaction of the supervisor, remediates any unsafe well or condition subject to an order of the supervisor.
(2)The operator or responsible party pays the department any unpaid costs or fees.
(3)The operator or responsible party obtains, and files with the supervisor, an indemnity bond equal to the dollar amount of the lien.
(d)Upon recordation, the lien imposed by this section shall have
the force and effect of, and the priority of, a judgment lien. The lien shall contain the
name and last known address of the operator or responsible party identified as the debtor under the lien. The lien shall also contain the name of and permit number of the well, if applicable, and the information set forth in subdivision (b).
(e)If the obligation secured by the lien is satisfied pursuant to subdivision (c), the supervisor shall record a release of the lien in the county in which the lien was recorded within 60 days of satisfaction of the lien.
(f)All funds recovered pursuant to this section shall be deposited in the Oil and Gas Environmental Remediation Account, established pursuant to Section 3261.
SEC. 3.
Section 3226 of the Public Resources Code is amended to read:3226.
(a) Within 30 days after service of an order pursuant to Sections 3224 and 3225, or Section 3237, or if there has been an appeal from the order to the director, within 30 days after service of the decision of the director, or if a review has been taken of the order of the director, within 10 days after affirmance of the order, the owner or operator shall commence in good faith the work ordered and continue it until completion. If the work has not been commenced and continued to completion, the supervisor may appoint necessary agents to enter the premises and perform the work. An accurate account of the expenditures shall be kept. Any amount so expended shall constitute a lien against real or personal property of the operator pursuant to the provisions of Section 3423. Before performing such work, the division may impose a lien against the real or personal property of the operator pursuant to Section 3423 in an amount equal to an estimate of the cost of the work based on a bid from a contractor or previous costs to perform comparable work.Nothwithstanding
SEC. 4.
Section 3243 is added to the Public Resources Code, to read:3243.
(a) On or before July 1, 2022, the supervisor shall establish a collections unit within the division.(1)The collection of unpaid idle well fees from an operator.
(2)Establishing the timelines and criteria for determining if a well has been deserted.
(3)Locating or collecting any costs from the operator or responsible party for a well that has been deserted or ordered to undergo well integrity testing or to be
plugged and abandoned by the supervisor.
SEC. 5.
Section 3417.5 is added to the Public Resources Code, to read:3417.5.
(a) The division shall send a notice to each operator subject to a fee pursuant to Section 3206 by April 1 of each year. The notice shall do both of the following:SEC. 6.
Section 3420 of the Public Resources Code is amended to read:3420.
(a) (1) No charges shall be levied for assessments on oil and gas production of less than ten dollars ($10).(b)